Den Ex Dem. Reed v. Shenck
Supreme Court of North Carolina
From Lincoln. EjectmeNT for a lot of ground in the town of Lin-colnton, tried on the Fall circuit of 1829, before his Honor Judge MartiN. The only question between the parties was, whether seventeen feet front was a part of lot number 3 in the plan of the town, to which the lessors of the Plaintiff had title, or of lot number 2, of which the Defendant was owner.
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From Lincoln. EjectmeNT for a lot of ground in the town of Lin-colnton, tried on the Fall circuit of 1829, before his Honor Judge MartiN. The only question between the parties was, whether seventeen feet front was a part of lot number 3 in the plan of the town, to which the lessors of the Plaintiff had title, or of lot number 2, of which the Defendant was owner. The lessors of the Plaintiff proved that lots numbers 1, 2 and 3, were conterminous $ that the beginning of lot number 1 was well ascertained — that the lots were described in the deeds, and also in the plan of the town, as being six…
1Opinion of the Court
Henderson, Chief-Justice,
after stating the case as above, proceeded : — We arc not aware of any such series of decisions, as that mentioned by the Judge below. It is true, that during the time of Judge Hat-wood, there were many decisions on the subject of boundary, which placed the question so much at large, that the description contained in the deed was almost totally disregarded. But many of them never met the approbation of the profession; and for many years, we have in all cases, I believe, except one, adhered to the description contained in the deed; and it is much to be lamented that we…
2Cited by18 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Brown v. HodgesSupreme Court of North Carolina · 1951
- Saucer v. City of West Palm BeachSupreme Court of Florida · 1945
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