Mitchell v. . Welborn
Supreme Court of North Carolina
ActioN tried before Ferguson, and a jury, March Term, 1908, of Wilkes. Plaintiff shoAved title having its origin in a grant of 600 acres from the State to James Welborn, bearing date 14 November, 1808. Defendant, under .a grant, conveying the land in controA'ersy to E. M. Welborn, bearing date 12 October, 1890; and the matters at issue were made to depend, chiefly, on the proper location of the 600 acre grant to James Welborn.
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ActioN tried before Ferguson, and a jury, March Term, 1908, of Wilkes. Plaintiff shoAved title having its origin in a grant of 600 acres from the State to James Welborn, bearing date 14 November, 1808. Defendant, under .a grant, conveying the land in controA'ersy to E. M. Welborn, bearing date 12 October, 1890; and the matters at issue were made to depend, chiefly, on the proper location of the 600 acre grant to James Welborn. The plaintiff claimed, and offered evidence tending to show, that the correct location of this older grant ivas as indicated on the plat by the figures 1, 2, 3, 4 then…
1Opinion of the Court
Hoick, J.,
after stating the case: We have given this case most careful consideration, and are of opinion that there should be a new trial of the issues. The decisions of'this Court are to the effect that when there is a definite call in a grant or deed for a corner or line of another tract of land, which is known and established, such call will control the course and distance. Whitaker v. Cover, 140 N. C., 280; Dickson v. Wilson, 82 N. C., 487; Corn v. McCrary, 48 N. C., 496. This is certainly true unless it is made to appear that, with a view of making the deed, and by physical survey, a…
2Cases cited7 opinions
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- Den. on Dem. of Corn v. McCrarySupreme Court of North Carolina · 1856
2 more not listed; retrieve them via the Exa API.
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- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Watford v. . PierceSupreme Court of North Carolina · 1924
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
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