Gudger v. White.
Supreme Court of North Carolina
ActioN by J. M. G-udger, Jr., against H. A. White, beard' by Judge T. A. McNeill and a jury, at the October Term, 1905, of the Superior Oourt of Madison. The plaintiff sued for a parcel of land now in the possession of the defendant and designated on the map as A 1, 2, 3, 4, C, B, and back to A, tbe beginning.
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ActioN by J. M. G-udger, Jr., against H. A. White, beard' by Judge T. A. McNeill and a jury, at the October Term, 1905, of the Superior Oourt of Madison. The plaintiff sued for a parcel of land now in the possession of the defendant and designated on the map as A 1, 2, 3, 4, C, B, and back to A, tbe beginning. He showed title out of the State by a grant issued to John Gray Blount in 1796 for a large body of land, and then introduced a deed from Z. B. Vance to Samuel Shelton and from Shelton to Pinck-ney Rollins, and then a succession of deeds from Rollins and those claiming under him,…
1Opinion of the Court
Walker, J.,
after stating the case: It was conceded that if the true dividing line between the plaintiff’s and the defendant’s land is the one designated on the map by the letters A, B, C, representing' the old channel of the Hardwicke branch, then the plaintiff is entitled to recover, but if the line is the one shown by the figures A 1, 2, 3 and 4, then the defendant owns the land in dispute. So that the only question in the case is to be solved by the location of the dividing line, and this turns upon the construction of the deed from the plaintiff to Hardwicke. It is not difficult by…
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