Graybeal v. . Powers
Supreme Court of North Carolina
Ejeetment — Boundary — Evidence. Civil Action, for the recovery of land tried at Fall'Term,. 1875,'of Ashe'Superior Court, before Furchés, J. Plaintiff claimed title to the tract F E D C IIGrF under ' a grant issued to him in 1866, which covered the land in dis§ putc.
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Ejeetment — Boundary — Evidence. Civil Action, for the recovery of land tried at Fall'Term,. 1875,'of Ashe'Superior Court, before Furchés, J. Plaintiff claimed title to the tract F E D C IIGrF under ' a grant issued to him in 1866, which covered the land in dis§ putc. ITe also read in evidenco a grant located as 33 A D C B issued to him in 1848, lying east of the locus hi quo, ■the western line of which C D, it was in evidence was a plainly marked line. lie also read a deed do him, dated April 6,1863, :dr the traCtlocated' as FX ZOE, known ás the "Waite tract- and also as the Simeon Graybeal…
1Opinion of the CourtFeaesoN, C. J.
A call for the line of.another tract of land is “a natural boundary” and controls course and distance, on the ground that there can be, no mistake in respect to the intention to go to the line of the other tract, whereas in respect to course and distance there may be a mistake, in entering upon the field notes or in'transferring the entry .to the description set out in the grant.
In our case, there is a natural bouudary, “ Simeon Gray-beal’s line,” but it so happens that Simeon Graybeal owned two tracts, one a 30 acre tract, which I will call tract No. 1, and another tract which I will call…
2Cases cited1 opinion
- Clarke v. WagnerSupreme Court of North Carolina · 1876
3Cited by21 opinions
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Batson v. BellSupreme Court of North Carolina · 1959
- Sherrod v. . BattleSupreme Court of North Carolina · 1911
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- Higdon v. . RiceSupreme Court of North Carolina · 1896
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