Sullivan v. . Blount
Supreme Court of North Carolina
Appeal by defendants from Qonnor, J., at September Term, 1913, of MartiN. Tbis is an action to recover the value of certain timber trees, cut by the Plymouth Lumber Company on certain land claimed by the plaintiff Sullivan and the defendant Blount, who own adjoining tracts of land.
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Appeal by defendants from Qonnor, J., at September Term, 1913, of MartiN. Tbis is an action to recover the value of certain timber trees, cut by the Plymouth Lumber Company on certain land claimed by the plaintiff Sullivan and the defendant Blount, who own adjoining tracts of land. The real dispute, and upon which the whole case depends, is as to the location of the beginning comer of the land of the plaintiff, known as the Sandy Bottom tract, which is described in the deed as a holly, the defendant claiming that the holly is at the figure 1 on the plat, and the plaintiff that it is at the…
1Opinion of the CourtAlleN, J.
It is well settled in this State that declarations are competent as to tbe location of lines and corners when it appears (1) that tbe 'declarant is dead at tbe time tbe declaration is offered as evidence; (2) that the declaration was made before a controversy bad arisen as to tbe boundary; (3) that tbe declarant was disinterested at tbe time tbe declaration was made. Sasser v. Herring, 14 N. C., 340; Bethea v. Byrd, 95 N. C., 311; Hemphill v. Hemphill, 138 N. C., 504.
Tbe declarations offered in evidence by tbe plaintiff meet every requirement of tbe law, ’ as they are declarations of deceased…
2Cases cited10 opinions
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Den Ex Dem. Sasser v. HerringSupreme Court of North Carolina · 1832
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
- Den on Demise of Tate v. SouthardSupreme Court of North Carolina · 1820
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brewer v. BrewerSupreme Court of North Carolina · 1953
- Brown v. . BuchananSupreme Court of North Carolina · 1927
- Tripp v. . LittleSupreme Court of North Carolina · 1923
- Mallet v. HuskeSupreme Court of North Carolina · 1964
- Spears v. RandolphSupreme Court of North Carolina · 1955
9 more not listed; retrieve them via the Exa API.