Call v. . Robinett
Supreme Court of North Carolina
ActioN tried before Ward, J., and a jury, at October Term, 1907, of WlKKES. Action for trespass. Plaintiff claims under entry dated 6 February, 1901, “640 acres on tbe waters of Elk Creek, adjoining tbe lands of Joel Triplett, A. 0. Cowles and others, beginning on tbe southwest corner of Joel Triplett’s fifty-acre tract, known as tbe Cox lands, and running various courses for complements.”
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ActioN tried before Ward, J., and a jury, at October Term, 1907, of WlKKES. Action for trespass. Plaintiff claims under entry dated 6 February, 1901, “640 acres on tbe waters of Elk Creek, adjoining tbe lands of Joel Triplett, A. 0. Cowles and others, beginning on tbe southwest corner of Joel Triplett’s fifty-acre tract, known as tbe Cox lands, and running various courses for complements.” Warrant issued 18 February, 1901. Grant, from State, containing description by metes and bounds, 12 November, 1903. Defendant claims under entry made 28 January, 1902, “640 acres of land in said county,…
1Opinion of the Court
OoNNOR, J.,
after stating tbe facts: Defendant proposed to attack tbe grant under wbicb plaintiff claimed, for that tbe entry was vague, indefinite and incapable of location by survey- — -that it was a “shifting entry,” and tbe survey did not cover tbe lands indicated in tbe entry. We .are inclined to tbe opinion that tbe entry complies with tbe requirement of tbe statute. It fixes witb reasonable certainty tbe beginning point — refers to tbe waters of Elk Creek and adjoining lands. Tbe cases decided by this Court illustrating tbe entries wbicb are too vague, and those capable of location by…
2Cases cited7 opinions
- Holley v. Smith.Supreme Court of North Carolina · 1902
- Dosh v. Lumber Co.Supreme Court of North Carolina · 1901
- Grayson v. . EnglishSupreme Court of North Carolina · 1894
- Johnston v. . SheltonSupreme Court of North Carolina · 1845
- Munroe v. . McCormickSupreme Court of North Carolina · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lonard v. Cooper & Sugrue Properties, Inc.Court of Appeals of Georgia · 1994
- Babb v. Gay Manufacturing Co.Supreme Court of North Carolina · 1909
- Cain v. . DowningSupreme Court of North Carolina · 1913
- Cain v. DowningSupreme Court of North Carolina · 1913