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1 N.C. 18

Person v. Roundtree

Superior Court of North Carolina

Decided April 15, 1795

Superior Court of North Carolina · decided 1795-04-15

EJECTMENT, Roundtre entered a tract of land, lying in Granville county, on Shocko Creek, and ran the said tract out in the following manner: Beginning at a tree on the bank of Shocko Creek, running South - poles to a corner, thence East - poles to a corner, thence North - poles to a corner on the creek, thence up the creek to the beginning, &c. By a mistake, either in the Surveyor, or in the Secretary who filled up the grant, the courses were reversed, beginning on said…

Decided 1795-04-15

¶1On the trial, Roundtree proved the lines of the survey, and his being in possesion some time; and claiming the same under his grant.

¶2This case was several times argued, by counsel on both sides, when it was finally determined, by the unanimous opinion of the court, that the mistake of the Surveyor or Secretary who filled up the grant, should not prejudice the defendant; and that the defendant was well entitled to the lands intended to be granted, which had been surveyed—and therefore there was judgment for the Defendant.

¶3Ex relatione Williams, J.

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