Legal Opinion

Clarke v. . Wagner

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 8 opinions

JEjectment — Natural Boundaries — Conflict of in Grant. Civil AciioN to recover possession of Real Estate, tried at Eall Term, 1876, of IREdell Superior Court, before Bux-ton, J. The facts are stated in Clarke v. Wagner, 74 N. C. 791. Verdict and judgment for defendants.- Appeal by plaintiff.

1Opinion of the CourtPeaRSON, C. J.

This case was before us at January Term, 1876, reported in 74 N. C. 791. The reporter sets out a correct and well engraved plat of the localities,'material to the question of boundary, presented in the case.

The finding of the jury, that Island No. 1 was the Island nailed for in the Houston grant, is decisive of the ease.

The upper end of the Island is the beginning corner. The-lower end of the Island is the second corner. The “course- and distance'"’ in the grant from the “upper end of the Island to the lower end,” do not hit the lower end of the Island, and is out of the case. We suppose that…

2Cited by8 opinions

  1. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
  2. Miller v. . BryanSupreme Court of North Carolina · 1882
  3. Wiseman v. Green.Supreme Court of North Carolina · 1900
  4. Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
  5. Tallassee Power Co. v. SavageSupreme Court of North Carolina · 1916

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