Legal Opinion

Den Ex Dem. Harry v. Graham

Supreme Court of North Carolina

Decided December 5, 1834PublishedCited by 27 opinions

Ejectment-, tried before his honour Judge Martin, at Lincoln on the last Circuit. The principal question in the cause was one of boundary, arising upon a grant to John Graham, the ancestor of the defendants.

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Ejectment-, tried before his honour Judge Martin, at Lincoln on the last Circuit. The principal question in the cause was one of boundary, arising upon a grant to John Graham, the ancestor of the defendants. It described the land as a tract of three hundred acres “ adjoining the lands of A. Collins, L. Beard, and of Graham himself, and beginning at a post oak, Beard’s corner, and running thence with his line S. 45° West, two hundred and twenty poles, to a chestnut and red oak, Beard’s corner; thence N. 45° West, two hundred and twenty poles to a Hack oak near his own line, thence N. 45° East,…

1Opinion of the Court

Ruffin, Chief Justice.

— The question o'f boundary arises upon the patent to John Graham, dated the 24th November, 1813. The dispute is, how far the second line, which runs from the chestnut and red oak, shall go. The Court held that it stopped at the end of the distance; while for the defendant it is contended, that it shall be extended thirty poles further, so as to make it reach the line of another tract of the patentee; or, at all events, until it intersects with the next line reversed, from the post oak called for as the corner of Beard and the patentee, that, corner being identified.…

2Cited by27 opinions

  1. Whitaker v. Cover.Supreme Court of North Carolina · 1905
  2. Batson v. BellSupreme Court of North Carolina · 1959
  3. Mizell v. . SimmonsSupreme Court of North Carolina · 1878
  4. Rumbough v. Sackett.Supreme Court of North Carolina · 1906
  5. Town of Belhaven v. HodgesSupreme Court of North Carolina · 1946

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