Asheville Land Co. v. Lang
Supreme Court of North Carolina
Civil actiou, tried before Cooke, J., and a jury, at March Term, 1907, of the Superior Court of BuNCOmbe County. Action of ejectment, over the boundary of a town lot. Both parties claimed under the same source of-title.
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Civil actiou, tried before Cooke, J., and a jury, at March Term, 1907, of the Superior Court of BuNCOmbe County. Action of ejectment, over the boundary of a town lot. Both parties claimed under the same source of-title. The controversy turned upon the true location of the beginning corner called for in tbe Hallybnrton deed, as follows: “Beginning at a stake on tbe sontb bank of Town Branch, in tbe eastern edge of Depot Street, said stake being 209 feet east of tbe Western North Carolina Railroad bridge over said Town Branch.” There was evidence offered by plaintiffs to show that, at tbe date…
1Opinion of the Court
Clare:, O. J".
The plaintiffs excepted for the refusal of the following prayer for instruction: “That in no aspect of the case can you consider the run or thread of the stream as it existed in 1889 (at the date of the Iiallyburton deed), or as it now exists, at its intersection with the eastern margin of Depot Street, as defining the beginning corner.” It not having been found or admitted that the stream had changed its location, this prayer could not have been given, though it is true that the doctrine of accretion has no application here. That applies where a stream is a boundary. In such…
2Cases cited2 opinions
- Duncan v. . HallSupreme Court of North Carolina · 1895
- Lindsay v. AustinSupreme Court of North Carolina · 1905
3Cited by7 opinions
- Locklear v. OxendineSupreme Court of North Carolina · 1951
- Powell v. MillsSupreme Court of North Carolina · 1953
- Campbell v. WeisbrodIdaho Supreme Court · 1952
- Cornelison v. . HammondSupreme Court of North Carolina · 1944
- Thomas v. . HippSupreme Court of North Carolina · 1943
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