Whitaker v. Cover.
Supreme Court of North Carolina
ActioN by W. T. Whitaker against S. E. Cover and others, heard by Judge G. S. Ferguson and a jury, at the August Term, 1905, of the Superior Court of Cheroeee, upon the following case agreed: “W. T. Whitaker sold and conveyed to S. E. Cover et al a certain tract of land in Cherokee County, containing, as shown by State grant No. 3632, 640 acres, at the price of $3 per acre.
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ActioN by W. T. Whitaker against S. E. Cover and others, heard by Judge G. S. Ferguson and a jury, at the August Term, 1905, of the Superior Court of Cheroeee, upon the following case agreed: “W. T. Whitaker sold and conveyed to S. E. Cover et al a certain tract of land in Cherokee County, containing, as shown by State grant No. 3632, 640 acres, at the price of $3 per acre. The calls in said State grant .are as follows: Beginning on a chestnut tree standing in the line of number 69, and runs west 260 poles to a stake; then north 320 poles to a stake; then east 320 poles to a stake; then with…
1Opinion of the Court
Walker, J.,
after stating the case: The only question in this case is, whether the line described as running “east 320 poles to a stake” should stop when the distance gives out or should be extended to the line of patent No. 2229, the next call being “then with the line of No. 2229 south 320 poles to the southwest corner of said number on the line of number 69.” We have no doubt as to what our answer to this question should be. The affirmative of the proposition has been settled by a long and, we think, unbroken, line of precedents in this State. Counsel for the defendant have called our…
2Cases cited16 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
- Graybeal v. . PowersSupreme Court of North Carolina · 1877
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3Cited by27 opinions
- Kirby Lumber Co. v. Gibbs Bros. & Co.Texas Commission of Appeals · 1929
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- Sherrod v. . BattleSupreme Court of North Carolina · 1911
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
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