Legal Opinion

Jarvis v. . Swain

Supreme Court of North Carolina

Decided February 21, 1917PublishedCited by 7 opinions

OrvTL actioN tried before Whedbee, J., and a jury, at October Term, 1916, at Beatjfobt. This is an action to try tbe title to a small piece of land claimed under a common source. Tbe plaintiff claims under a deed calling for defendant’s line. The defendant claims under one Latham.

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OrvTL actioN tried before Whedbee, J., and a jury, at October Term, 1916, at Beatjfobt. This is an action to try tbe title to a small piece of land claimed under a common source. Tbe plaintiff claims under a deed calling for defendant’s line. The defendant claims under one Latham. The description in the deed to Latham is as follows; “Beginning at a stake ninety-five (95) feet west of H. Ryan’s line, and running south twenty (20) west about two hundred thirty (230) feet to Pantego Creek; thence east twenty (20) south with said creek seventy-five (75) feet to a stake; thence north twenty (20)…

1Opinion of the CourtAlueN, J.

The determination of the controversy between the plaintiff and the defendant depends on the location of the Latham deed, and this has been found by the jury in accordance with the contention of the plaintiff under instructions free from error.

The principal exception relied on is upon the ground that his Honor charged the jury that the proper way to locate the Latham deed was to begin at Paniego Creek and -reverse the call, but an examination of the record fails to disclose that he so charged.

He did state, as one of the contentions of the plaintiff, that as the beginning of the deed was a…

2Cases cited6 opinions

  1. Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
  2. Doe on the Demise of Dobson v. FinleySupreme Court of North Carolina · 1862
  3. Norwood v. . CrawfordSupreme Court of North Carolina · 1894
  4. Hanstein v. . FerrallSupreme Court of North Carolina · 1908
  5. Clark v. . MooreSupreme Court of North Carolina · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Cutts v. CaseySupreme Court of North Carolina · 1971
  2. Bradley v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
  3. Town of Belhaven v. HodgesSupreme Court of North Carolina · 1946
  4. Cornelison v. . HammondSupreme Court of North Carolina · 1944
  5. Goodwin v. GreeneSupreme Court of North Carolina · 1953

2 more not listed; retrieve them via the Exa API.

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