Hartsfield v. . Westbrook

The swamp is to be considered as the boundary, but that this judgment may not be hurried, you may move the matter at another day. Should the opinion of the Court be altered in the meantime, they will then set aside the nonsuit now ordered.

The plaintiff was nonsuited.

A few days afterwards it was moved by General Davie that this nonsuit should be set aside, saying he wished the opinion of the court upon this point, because another suit was depending in court upon the same point, between Hartsfield and Fuller, which would be disposed of immediately should the Court be of opinion that the swamp was to be considered as the boundary.

A case similar to the present was decided at Edenton last term, Fosterv. Sandifer, ante, 237. The expression there was, "thence along the river"; here it is, "thence down the swamp to the beginning." They are both of the same import, and Foster v. Sandifer is therefore fit to govern the present, and accordingly the swamp in the present case is to be considered as the boundary. Let the nonsuit remain, and the rule to show cause why it should not be set aside, discharged.

Then General Davie dismissed the other suit of Hartsfield v. Fuller.

Cited: Rogers v. Mabe, 15 N.C. 194; McPhaul v. Gilchrist, 29 N.C. 173;Baxter v. Wilson, 95 N.C. 143; Brown v. House, 118 N.C. 879; Rowev. Lumber Co., 133 N.C. 437; Whitaker v. Cover, 140 N.C. 284; Power Co.v. Savage, 170 N.C. 629. *Page 208

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