Burnett v. . Thompson
Supreme Court of North Carolina
Actior of trespass, Q. C. P., tried before ShepheRD, J., at the last Pall Term of Washington Superior Court. The action was brought for cutting cypress trees and making them into shingles. The plaintiff claimed the premises south of the line between Town Swamp, and Coniot Swamp, marked in the diagram as “Swash,” and the defendant owns the lands to the north of it marked “ Caesar’s Island.”
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Actior of trespass, Q. C. P., tried before ShepheRD, J., at the last Pall Term of Washington Superior Court. The action was brought for cutting cypress trees and making them into shingles. The plaintiff claimed the premises south of the line between Town Swamp, and Coniot Swamp, marked in the diagram as “Swash,” and the defendant owns the lands to the north of it marked “ Caesar’s Island.” The first question raised by the exceptions of the defendant was as to the boundary designated in his deed; the calls important to he noticed, are as follows : “ thence to the run of Town Samp, (Gf,) thence…
1Opinion of the CourtPearsoh, C. J.
The special instructions upon the question of boundaiy, and also in reference to the damages asked for by the defendant, are not set out, and, consequently, this Court is unable to say there w'as error in refusing to give them.
The general instruction “to run a straight line from Town Swamp, through the swash to Coniot Swamp,” is, of course, to be understood to mean the shortest line through the Swash that would strike the swamp; and although this leaves the question of boundary still open, (inasmuch as the fact, whether Coniot Swamp extended to Coniot Creek, or stopped some distance before…
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