9 N.C. 337
Supreme Court of North Carolina
Decided June 15, 1823
Supreme Court of North Carolina · decided 1823-06-15
From Randolph. Trespass quart clausum fregit. Pleas General issue— Zil>. ten. — Slat Lira. — License. The Plaintiff claimed the lands described in the annexed Diagram, by the lines Á. II. G. E. The Defendant claimed those described by the lines K. 13» D. O. L. R. S. T $ and the question in dispute as to boundary was. Whether the Plaintiff’s tract was bounded oa the North by the line IL D. or A. E ? DIAGRAM.
Decided 1823-06-15
¶1There was much conflicting evidence in this case, relative to where the old line was, of which it was the province of the Jury to judge. The Court instructed the Jury that iiie Plaintiff’s boundary extended to Thomas Willborn’s line wherever that was, notwithstanding that the corner D. and the line B. D. were marked as his corner and line.
¶2This is in conformity with the case of Blount v. Benbury — (2 Hayw. 354) and many other cases that have* Arisen. A new trial is refused.