Legal Opinion

Bowen v. John L. Roper Lumber Co.

Supreme Court of North Carolina

Decided November 2, 1910PublishedCited by 16 opinions

Appeal from Ferguson, J., at tbe January Term, 1910, of WASHINGTON. . Civil action trespass q. c. f. It was admitted or established that the land claimed by plaintiff was embraced within a grant to Jos. Dwight, dated March, 1758, and that the eastern boundary of plaintiff’s land was coterminous with the eastern boundaries of this grant. The boundary of the Jos.

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Appeal from Ferguson, J., at tbe January Term, 1910, of WASHINGTON. . Civil action trespass q. c. f. It was admitted or established that the land claimed by plaintiff was embraced within a grant to Jos. Dwight, dated March, 1758, and that the eastern boundary of plaintiff’s land was coterminous with the eastern boundaries of this grant. The boundary of the Jos. Dwight grant was as follows: “Beginning at a pine in the mouth of the Mid-die Branch; thence W. 60 poles to a white oak; thence south 45 W. 700 poles to Colo. Eobt. West’s corner tree; thence E. 40 poles on the said West’s line south…

1Opinion of the Court

Houe, J.,

after stating the case. The beginning corner of the Jos. Dwight grant, to-wit, a pine tree at the mouth of “Middle Branch” (marked A on the plat), and the subsequent lines and corners were admitted or clearly established to the fifth call, “a pine on Beech Island,” indicated on-the map at E, and the question at issue depends, as stated, on the correct location of the closing call of the grant, “thence N. 51 E., including the islands, 1340 poles to the first station.”

It was recognized, at an early period, with us, that of necessity certain modifications were required in the principles…

2Cases cited1 opinion

  1. Mitchell v. . WelbornSupreme Court of North Carolina · 1908

3Cited by16 opinions

  1. Brown v. HodgesSupreme Court of North Carolina · 1950
  2. Greer v. . HayesSupreme Court of North Carolina · 1939
  3. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
  4. Hoge v. LeeSupreme Court of North Carolina · 1922
  5. Franklin v. FaulknerSupreme Court of North Carolina · 1958

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