Doe on Dem. of Tatem v. Paine
Supreme Court of North Carolina
From Pasquotank. EjECTMfiXT* The lessors of the plaintiff claimed under a grant from the state, dated 18th of March, 1823, to themselves, for the island marked X in the annexed diagram- The defendants were in possession, and claimed the land under a patent granted to Thomas Williams, Joseph Fereoee and John Williams, dated 2d of December, 1807, described and bounded as follows: “a tract of land, See. known by the name of Betsy’s marsh or island, beginning at Herring gut (A)…
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From Pasquotank. EjECTMfiXT* The lessors of the plaintiff claimed under a grant from the state, dated 18th of March, 1823, to themselves, for the island marked X in the annexed diagram- The defendants were in possession, and claimed the land under a patent granted to Thomas Williams, Joseph Fereoee and John Williams, dated 2d of December, 1807, described and bounded as follows: “a tract of land, See. known by the name of Betsy’s marsh or island, beginning at Herring gut (A) the beginning place of John Humphries’ entry, running N. 79 E. 6 chains and SO links,” &c. giving the courses, “…
1Opinion of the CourtHeNdersoN, Judge
What are the termini or boundaries of a grant or deed, is matter of law: where those boundaries or termini are, is matter of fact. I-' is the province of the. Court to declare the first, that of the jury to ascertain the second. Where natural objects are called for as the termini, and course and distance, and marked lines are also given, the natural objects are the termini, and the course and distance and marked lines can only be resorted to by the jury to ascertain the natural objects; they act as pointers or guides to the natural object. When the natural boundary is unique, or lias…
2Cited by25 opinions
- Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
- Batson v. BellSupreme Court of North Carolina · 1959
- Jenkins v. TranthamSupreme Court of North Carolina · 1956
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- McCanless v. . BallardSupreme Court of North Carolina · 1943
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