Opinion
Spring Term, 1799.
If a natural boundary be called for in a grant, a line is to be extended to it, disregarding distance.
The principle question of law arising in this case was whether a line shall be extended so as to reach a natural boundary called for.
Badger for the plaintiff.
Graham for the defendant.
The line in controversy, when run to the end of the distance called for, will not reach Cypress Creek; where, by the patent it is said to terminate; but to reach that place, it must run three times the distance called for. In all such cases the invariable rule is to disregard the distance; and to proceed with the line in the direction called for until it shall interest the creek or other natural boundary.
Verdict for the plaintiff.
NOTE. — See the cases referred to in the note to Bradford v. Hill, 2 N.C. 22, and the note to Person v. Roundtree, ante, 69.
Cited: Bowen v. Gaylord, 122 N.C. 820; McKenzie v. Houston, 130 N.C. 573.
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