Superior Court of North Carolina, 1801

Swaine v. Bell

Swaine v. Bell
Superior Court of North Carolina · Decided May 15, 1801 · Laylor
3 N.C. 139
Swaine v. Bell

Opinion of the Court

laylor, Judge.

A natural boundary is always adhered to when called for. It cannot be altered as artificial boundaries may, by the marking of new lines, defacing marks or the decay of trees ยก โ€” -.therefore the western branch is to be taken to be the boundary. As to the next course it, matters not that a northeast course was called for ; had it been a western course, which, would have gone directly from Elizabeth river, still we must have proceeded from the head of the creek to Elizabeth river, that being a natural boundary, and the course is not to be regarded. As to the possession, it makes no title for the plaintiff or defendant, unless it has been under a colour of title.

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