Legal Opinion

Brown v. . Brown

Supreme Court of North Carolina

Decided February 5, 1889PublishedCited by 10 opinions

The opinion in this case was delivered at September Term, 1888, but a petition to rehear having been'filed, it was not reported until the decision of the application to rehear. Both opinions are now reported in. the order in which they were delivered. ■ This action was brought to recover the land described in the complaint.

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The opinion in this case was delivered at September Term, 1888, but a petition to rehear having been'filed, it was not reported until the decision of the application to rehear. Both opinions are now reported in. the order in which they were delivered. ■ This action was brought to recover the land described in the complaint. On the trial the plaintiff introduced in evidence and relied upon a grant from the State, issued to David Allison on the 29 th day of November, 1796, for 250,240 acres of land, described by metes and bounds, but the description did not mention what was commonly called the…

1Opinion of the CourtMerrimon, J.

(after stating the case). The instruction of the Court to the jury, excepted to, rests upon the ground that the evidence of the plaintiffs, accepted as true, proved that the lands in question were situated between the waters of Wolf and Tennessee creeks, immediately on Wolf Creek ; that both of these streams flowed into Tuckaseege River; that the line between the land of the State and the same of the Cherokee Indians, at and before the date the grant mentioned was issued, began “on the Tennessee where the southern boundary of this State intersects the same nearest to the Chickamauga towns;…

2Cited by10 opinions

  1. Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
  2. State Ex Rel. Harris v. ScarboroughSupreme Court of North Carolina · 1892
  3. Brown v. . SmathersSupreme Court of North Carolina · 1924
  4. Brevard Land & Timber Co. v. KinslandSupreme Court of North Carolina · 1910
  5. Avery v. . StrotherSupreme Court of North Carolina · 1802

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