Belding v. Hebard
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. Tliis is a, bill to restrain trespass and remove a cloud from the title to a large tract of wild mountain land claimed to lie within the Seventeenth civil district of Monroe county, Tenn. The complainant claims title under a grant from the stale of Tennessee. The defendants claim title to the same under a grant from the state of North Carolina.
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Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. Tliis is a, bill to restrain trespass and remove a cloud from the title to a large tract of wild mountain land claimed to lie within the Seventeenth civil district of Monroe county, Tenn. The complainant claims title under a grant from the stale of Tennessee. The defendants claim title to the same under a grant from the state of North Carolina. The title turns upon the location of the boundary line between the state of North Carolina and the state of Tennessee, and the object of…
1Opinion of the CourtLurton, Circuit Judge
The intention of the North Carolina cession act of 1789 was to make the crest of the great mountain ranges extending across the state of North Carolina in a southwestwardly direction the boundary line of the ceded territory. This is most evident from even a casual reading of the boundary line therein described. The Painted Rock on the French Broad river is a natural monument of great notoriety. From that point the calls in the cession act are, “Thence along the highest ridge of said mountain to the place where it is called the ‘Great Iron’ or ‘Smoky’ Mountain; thence along the main ridge of…
2Cases cited12 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Virginia v. TennesseeSupreme Court of the United States · 1893
- Ayers v. WatsonSupreme Court of the United States · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- North Carolina v. TennesseeSupreme Court of the United States · 1914
- Pruitt v. Sebastian County Coal & Mining Co.Supreme Court of Arkansas · 1949
- Hopkins v. HebardCourt of Appeals for the Sixth Circuit · 1911
- McCarty v. Carolina Lumber Co.Tennessee Supreme Court · 1915
- Moore & McFerrin v. McGuireU.S. Circuit Court for the District of Eastern Arkansas · 1906
4 more not listed; retrieve them via the Exa API.