Westfelt v. . Adams
Supreme Court of North Carolina
Appeal from Justice, J., at September Term, 1910, of Haywood. This action was brought by the plaintiffs to recover the possession, and damages for the detention, of a tract of land in the county of Swain, on the waters of the Tennessee River, known as Section No. 2325, containing 640 acres, and described as follows: “Beginning at a chestnut on the west side of the Jenkins Trail leading to the Smoky Mountains, and runs thence^ east four hundred and ninety (490) poles to a…
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Appeal from Justice, J., at September Term, 1910, of Haywood. This action was brought by the plaintiffs to recover the possession, and damages for the detention, of a tract of land in the county of Swain, on the waters of the Tennessee River, known as Section No. 2325, containing 640 acres, and described as follows: “Beginning at a chestnut on the west side of the Jenkins Trail leading to the Smoky Mountains, and runs thence^ east four hundred and ninety (490) poles to a stake; thence south two hundred and five (205) poles to a stake; thence west four hundred and ninety (490) poles to a white…
1Opinion of the CourtWalker, J.
It is conceded that the land in controversy is a part of the land acquired by the State under treaty with the Cherokee Indians. The fact is recited in the grant, under which the plaintiffs claim, that the land therein described is “a part of the land lately acquired by treaty from the Cherokee Indians,” and the defendants, in their brief, thus refer to the grants under which they claim: “It seems clear, therefore, that the lands embraced in grants numbered 1545 and 1546 were of Vacant and unsurveyed lands acquired by treaty of 1817 and 1819/ and made subject to entry from 1 May, 1836, by…
2Cases cited15 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- State v. . RileySupreme Court of North Carolina · 1893
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- State v. . SimmonsSupreme Court of North Carolina · 1907
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3Cited by4 opinions
- Board of Education v. . MakelySupreme Court of North Carolina · 1905
- McPherson v. Henry Motor Sales Corp.Supreme Court of North Carolina · 1931
- Waldo v. . WilsonSupreme Court of North Carolina · 1917
- United States v. Swain CountyDistrict Court, W.D. North Carolina · 1930