Brooks v. . Britt
Supreme Court of North Carolina
Trespass quark ciausum pregit, tried beforeJiis Honor Judge Settee, at Pitt on the last circuit. Pee a — not guilty. There were several points made in the case which it is not necessary to state — the only one discussed in this Court being tlie following : The defendant claimed under a patent which described the land thereby granted, as “lying on the nórth-east side of Swift creek swamp, “on the east prong of said creek, beginning in the said “swamp on Earl Granville's line,…
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Trespass quark ciausum pregit, tried beforeJiis Honor Judge Settee, at Pitt on the last circuit. Pee a — not guilty. There were several points made in the case which it is not necessary to state — the only one discussed in this Court being tlie following : The defendant claimed under a patent which described the land thereby granted, as “lying on the nórth-east side of Swift creek swamp, “on the east prong of said creek, beginning in the said “swamp on Earl Granville's line, running with said line “east, ninety six poles to a pine, thence south forty de-4‘groes, east four hundred poles, then…
1Opinion of the Court
GastoN, Judge.
We have not the right to examine, nor the disposition to enquire, whether the verdict of the jury be correct or incorrect. , Our duty confines us to the propriety of the instructions which were given by the judge, and which have been excepted to by the appellant. Although" in the main we approve of these instructions, we think there is one error in them which may have had a material influence upon the jury, and which requires that the judgment be reversed, and a new trial awarded.
The matter in controversy, depended upon the ascertainment of the boundary of the defendant’s…
2Cited by10 opinions
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Batson v. BellSupreme Court of North Carolina · 1959
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1901
- Cherry v. AndrewsSupreme Court of North Carolina · 1949
- McQueen v. . GrahamSupreme Court of North Carolina · 1922
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