Redmond v. . Mullenax
Supreme Court of North Carolina
This is an action to recover land, tried before Mclver, J., and a jurj'-, at Spring Term, 1893, of Henderson Superior Court. The plaintiffs claimed title under a grant from the.State of North Carolina to one Tench Cox, dated the 25th day of June, 1796, and mesne conveyances down to themselves. The first call in the Tench Cox grant was: “Beginning at a poplar in the South Carolina boundary line, and runs north,” etc. It was admitted that the poplar was the beginning corner.
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This is an action to recover land, tried before Mclver, J., and a jurj'-, at Spring Term, 1893, of Henderson Superior Court. The plaintiffs claimed title under a grant from the.State of North Carolina to one Tench Cox, dated the 25th day of June, 1796, and mesne conveyances down to themselves. The first call in the Tench Cox grant was: “Beginning at a poplar in the South Carolina boundary line, and runs north,” etc. It was admitted that the poplar was the beginning corner. The last call but one was: “Thence south 106 chains to a stake in the South Carolina line.” ■ The last call: “Thence east…
1Opinion of the Court
Avery, J.:
The Court submitted the three issues usually adopted in actions for possession of land, and there was no error in the refusal to allow the jury to pass upon the more specific inquiries suggested by the plaintiffs. The Court settled the issues in the exercise of a sound discretion, which, in that case, would be reviewable here only on condition that the party complaining could show from the record that the form of the issues was such as to preclude him from having presented to the jury some view of the law arising out of the evidence. Denmark v. Railroad, 107 N. C., 185; Boyer v.…
2Cases cited8 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Dugger v. . McKessonSupreme Court of North Carolina · 1888
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- Benedict v. W. T. Hadlow Co.Supreme Court of Florida · 1906
- Boone v. SparrowSupreme Court of North Carolina · 1952
- Higdon v. . RiceSupreme Court of North Carolina · 1896
- Hooker v. . ForbesSupreme Court of North Carolina · 1932
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