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3 N.C. 353

Blount v. Benbury.

Superior Court of North Carolina

Decided October 5, 1805

Superior Court of North Carolina · decided 1805-10-05

<p>uT’HE plaintiff offered a copy of a grant from the Secretary’s office : it was not signed by the Governor.</p>

Cited by 1 later decisions — most recently September 1937

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1805-10-05

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¶1It cannot be received as a copy of a grant, but it may as a circumstance to show that there was once a grant in existence.

¶2It was read. The dispute concerned the title of land between two parallel lines. The lower of them was said to be J. Blount's patent line; and if so, defendant was not in possession of plaintiff's land; but if the upper parallel line was J. Blount's patent line, then the defendant was in the possession of plaintiff's land. The patent under which the defendant claimed called for Beasley's line and J. Blount's line, S. 85 E. as one of the boundaries; and the grantor to Benbury, in 1783, called for J. Blount's line, and marked the line now contended for by the defendant, at the time of making his deed. One question was whether the line thus marked should be considered the line which the deed extended to, or whether J. Blount's line, wherever it might be, should be considered the boundary of the deed, notwithstanding the demarcation.

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