McIver Lessee v. Walker and Another
Supreme Court of the United States
ERROR to the Circuit Court for . the district of East Tennessee, in an action of ejectment brought by the Plaintiff in error against the. Defendants.
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ERROR to the Circuit Court for . the district of East Tennessee, in an action of ejectment brought by the Plaintiff in error against the. Defendants. The case is1 thus stated by the chief justice in delivering the opinion of the Court. . « On the trial the Plaintiff produced two patents for 5000 acres each, from the state of North Carolina, ■granting to Stockley Donalson, from whom the Plaintiff derived his title, two several tracts of land lying on Crow Creek, the one, No. 12, beginning at a box standing on a ridge corner to No. 11, &c.“ as ly the “ plat hermnto annexed will appear.” Tfie…
1Opinion of the Court
Marshall, Ch. J.
after stating the facts of the case, delivered the opinion of the Court as follows s
« It is undoubtedly, the practice of surveyors, and the practice was proved in this cause, to express in their plats and certificates of survey, the courses which are designated by the needle j and if nothing exists to control the call for course and distance, the land must be bounded by the courses and distances of the patent, ae cording to the magnetic meridian. Rut it is a general principle that the course and distance must yield to narural objects galled' for in the patent. All lands are…
2Cited by47 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- United States v. TexasSupreme Court of the United States · 1896
- Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
- Milliken v. BuswellSupreme Judicial Court of Maine · 1973
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