Lance v. Cogdill
Supreme Court of North Carolina
Appeal by plaintiffs from Bobbitt, Jand a jury, November Term, 1951, HeNdersoN. No error. On 12 October, 1951, B. B. Bible, as court surveyor, filed a map sliow-ing the respective lines claimed by both plaintiffs and defendants.
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Appeal by plaintiffs from Bobbitt, Jand a jury, November Term, 1951, HeNdersoN. No error. On 12 October, 1951, B. B. Bible, as court surveyor, filed a map sliow-ing the respective lines claimed by both plaintiffs and defendants. It is the contention of plaintiffs that the true dividing line between the lands of plaintiffs and the lands of defendants is a straight line beginning at point “B” as shown on the court map and running South 45 degrees 39 minutes West to a point where said line crosses Kimsey Creek. The defendants contend that the true dividing line follows the run or meanders of…
1Opinion of the CourtYaleNtiNE, J.
This action was instituted before tbe clerk as a processioning proceeding under G.S. Chapter 38 to fix and determine tbe true boundary line between tbe lands of plaintiffs and tbe lands of defendants. Upon tbe filing of answers by defendants tbe clerk, acting upon tbe assumption tbat tbe answers converted tbe proceeding into an action to try title to real property, transferred tbe cause to tbe civil issue docket for trial of tbe issues raised. But tbe premature transfer did not deprive tbe Superior Court of jurisdiction to try tbe cause at term before a jury. Woody v. Barnett, 235 N.C. 13.
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