Legal Opinion

Roberts v. . Preston

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 4 opinions

This was a civil ACTION, tried before Boykin, J., at Spring Term, 1889, of the Superior Court of Chowan Count}'. The purpose of this action is to recover damages for alleged trespasses of the defendant on the land specified in the complaint. The following is so much of the case settled on appeal as need be reported: Both parties claim the land in controversy under Mills Roberts, who owned two contiguous farms, shown on the map and designated “Long Lane” and “Long Beach.”

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This was a civil ACTION, tried before Boykin, J., at Spring Term, 1889, of the Superior Court of Chowan Count}'. The purpose of this action is to recover damages for alleged trespasses of the defendant on the land specified in the complaint. The following is so much of the case settled on appeal as need be reported: Both parties claim the land in controversy under Mills Roberts, who owned two contiguous farms, shown on the map and designated “Long Lane” and “Long Beach.” In 1863, by deed, Mills Roberts sold part of said land to Merriman & Hughes. The land so sold afterwards became the…

1Opinion of the CourtMerhimoN, C. J.

after stating the facts: The plaintiffs claim as the heirs of Mills Roberts, deceased, and defendant justifies by virtue of a deed executed by him on the 18th day of September, 1863, to W. H. Hughes and another, which specified and described the land thereby conveyed as “ beginning on the sound at a ditch in said Roberts-Benberry farm; thence up the ditch to the fence; thence along the fence outside to the edge of the swamp; thence up the swamp to said Roberts-Benberry line,” &c. The land is further described “ as a certain tract or parcel of land and the Long Befech fishery, on Albemarle…

2Cases cited3 opinions

  1. Gadsby v. . DyerSupreme Court of North Carolina · 1884
  2. Nixon v. . WilliamsSupreme Court of North Carolina · 1886
  3. Logan v. . FitzgeraldSupreme Court of North Carolina · 1885

3Cited by4 opinions

  1. Lance v. Butler.Supreme Court of North Carolina · 1904
  2. Faulk v. . ThorntonSupreme Court of North Carolina · 1891
  3. Meekins v. MillerSupreme Court of North Carolina · 1957
  4. Ring v. . KingSupreme Court of North Carolina · 1838

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