Legal Opinion

Clarke v. . Wagner

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 2 opinions

MotioN by Plaintiff to modify the Judgment in this action, heard at January Term, 1878, of The Supreme Court. See same case reported in 74 N. C. 791, and 7-6 N. 0. 463.

1Opinion of the CourtSmith, C. J.

The plaintiff in his complaint claims title to and the right of possession of a tract of land granted in 1802, to one Samuel Houston, and alleges that the defendants wrongfully with-hold possession. In their auswer, the defendants deny that they are in possession of any land of the plaintiff, or that the plaintiff has title to any land in their possession.

One of the boundaries of the Houston grant is recognized as one of the lines of the grant under which the defendants claim, and the matter in dispute was as to how this common line was to be run. The eastern terminus of the line was admitted…

2Cases cited1 opinion

  1. Clarke v. WagnerSupreme Court of North Carolina · 1876

3Cited by2 opinions

  1. Phipps v. . PierceSupreme Court of North Carolina · 1886
  2. Murray v. . SpencerSupreme Court of North Carolina · 1885

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