Supreme Court of North Carolina, 1823

Fruit v. Brower

Fruit v. Brower
Supreme Court of North Carolina · Decided June 15, 1823
9 N.C. 337

Fruit v. Brower

Opinion of the Court

Per Curiam.

There 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.

This 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.

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