Green v. . Williams
Supreme Court of North Carolina
Civil actioN, tried before Slum, J., and a jury, at November Term, 1906, Superior Court of CbaveN County. Judgment for defendant, from wbrcb plaintiff appealed. This is a proceeding for the purpose of having the lands of the petitioner and-the defendants processioned and tbe dividing line separating them ascertained. The case was heard only as to the defendant E. E. Williams, no judgment being prayed as to the other two defendants.
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Civil actioN, tried before Slum, J., and a jury, at November Term, 1906, Superior Court of CbaveN County. Judgment for defendant, from wbrcb plaintiff appealed. This is a proceeding for the purpose of having the lands of the petitioner and-the defendants processioned and tbe dividing line separating them ascertained. The case was heard only as to the defendant E. E. Williams, no judgment being prayed as to the other two defendants. The plaintiff alleged that he owned a lot in New Bern, fronting 20 feet on Craven Street and extending back, with that width, 107 feet and 3 inches, and lying…
1Opinion of the Court
Walker, J.,
after-stating the case: It is suggested in the brief of the defendant’s counsel that the Court held the petition insufficient to sustain the proceeding as one for processioning the land, and tried the case as an action of ejectment. We think this view of the matter was erroneous, as the petition states facts sufficient to> entitle the petitioner to proceed under secs. 325 and 326 of the Revisal (Acts of 1893, ch. 22). The petition and the answer clearly show that there is a real and, indeed, ,a serious dispute between the parties as to the true location of their dividing line.
We…
2Cases cited6 opinions
- Davis v. Wall.Supreme Court of North Carolina · 1906
- Hill v. Dalton.Supreme Court of North Carolina · 1905
- Parker v. Taylor.Supreme Court of North Carolina · 1903
- Smith v. Johnson.Supreme Court of North Carolina · 1904
- Hill v. Dalton.Supreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Woody v. Fountain.Supreme Court of North Carolina · 1906
- Whitaker v. GarrenSupreme Court of North Carolina · 1914
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Brown v. . HutchinsonSupreme Court of North Carolina · 1911
- Rhodes v. . AngeSupreme Court of North Carolina · 1917
2 more not listed; retrieve them via the Exa API.