Legal Opinion

Smith v. Johnson.

Supreme Court of North Carolina

Decided November 30, 1904PublishedCited by 13 opinions

Actiow by W. P. Smith and others against Taylor Johnson and another, heard by Judge W. H. Neal, at Spring Term, 1904, of the Superior Cburt of AlexaNdee. County. This is a special proceeding under chapter 22, Acts of 1893, to establish a boundary line, begun before the Clerk of the Superior Cburt of Alexander County.

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Actiow by W. P. Smith and others against Taylor Johnson and another, heard by Judge W. H. Neal, at Spring Term, 1904, of the Superior Cburt of AlexaNdee. County. This is a special proceeding under chapter 22, Acts of 1893, to establish a boundary line, begun before the Clerk of the Superior Cburt of Alexander County. The plaintiffs alleged that They were the owners of a certain, tract of land fully described and that the defendants were the owners of adjoining land and that the dividing line between the land of the plaintiffs and defendants was in dispute, the plaintiffs setting out their-…

1Opinion of the Court

Connor, J.,

after stating the case; Neither the record nor the case on appeal states upon what ground the motion for judgment of nonsuit was based, and we are not favored with any argument or brief on the part of the defendants. The plaintiffs’ brief states that the following issue was submitted to the jury: “What is the true boundary line between plaintiffs and defendants?”

Chapter 22. Acts 1893, provides “That the owner of land, any of whose boundary lines are. in dispute, may establish said line or lines hy special proceedings. * * * The owner shall file his petition stating facts sufficient…

2Cases cited4 opinions

  1. Parker v. Taylor.Supreme Court of North Carolina · 1903
  2. Williams v. . HughesSupreme Court of North Carolina · 1899
  3. Vandyke v. . FarrisSupreme Court of North Carolina · 1900
  4. Midgett v. Midgett.Supreme Court of North Carolina · 1901

3Cited by13 opinions

  1. Davis v. Wall.Supreme Court of North Carolina · 1906
  2. Simmons v. LeeSupreme Court of North Carolina · 1949
  3. Woody v. Fountain.Supreme Court of North Carolina · 1906
  4. Whitaker v. GarrenSupreme Court of North Carolina · 1914
  5. Brown v. HutchinsonSupreme Court of North Carolina · 1911

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