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WCU - Great Smoky Mountains - A Park for America

Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 1 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 2 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 3 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 5 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 6 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 7 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 8 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 9 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 10 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 11 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 12 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 13 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item 14 - Federal court records, Belding et al. v. Hebard: Slick Rock Creek area
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Federal court records, Belding et al. v. Hebard: Slick Rock Creek area

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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • ISKLDING V. HEBARD. 000 ridge, and along the extreme height of the same to the place where it Is called the 'Unicoy' or 'Unaka' Mountain." After some evidence had been taken, the circuit court "ordered that the cause be, and hereby is, referred to Asbury Wright, Esq., of Roane county, Tennessee, as special master, who will, from the proof on file and such other oof as shall be offered by the parties, report to the court tbe true state line between the state of Tennessee and the state of North Carolina, from the Little Tennessee river to the junction of the Hangover and Fodder Stack ridges, as run and located by the commissioners of the states of North Carolina and Tennessee in 1821, and confirmed by the respective legislatures of said states." A great mass of evidence was taken, and from the entire evidence the special master reported "that the line between the states of Tennessee and North Carolina, from the Little Tennessee river to the junction of the Hangover and Fodder Stack ridges, as run and 'located by the commissioners of said states in 1821, and confirmed by the respective legislatures of said states, crosses the Tennessee river at the point where it reaches the river on the northeast side, and from the river runs up the Hangover lead, as shown on complainant's map, and along the extreme heights of this ridge, * * * to the junction of the Hangover with the Fodder Stack." This report Included a full finding of the facts material to the conclusion reached, some of which will be hereafter referred to. The defendants excepted generally and specially to the findings and conclusions of the master. These exceptions were overruled, and the conclusions of the master adopted, and a decree pronounced establishing the title of complainant. From this decision the defendants have appealed. E. T. Sanford and T. F. McGarry, for appellants. S. T. Webb and T. E. H. McCroskey, for appellee. Before TAFT,1 LURTON, and DAY, Circuit Judges. LUKTON, Circuit Judge, after making the foregoing statement of the case, delivered the opinion of the court. The intention of the North Carolina cession act of 1789 was to make the crest of the great mountain ranges extending across tb,e state of North Carolina in a southwestwardly direction the boundary line of the ceded territory. This is most evident from even a casual reading of the boundary line therein described. The Painted Rock on the French Broad river is a natural monument of great notoriety. From that point the calls in the cession act are, "Thence along the highest ridge of said mountain to the place where it is called the 'Great Iron' or 'Smoky' Mountain; thence along the main ridge of said mountain to the place where it is called 'Unicoy' or 'Unaka' Mountain, between the Indian towns Co wee and Old Chota." The part <of the great mountain range called "Smoky Mountain" is well known, as is also that part of the same range southwest of Smoky Mountain called "Unicoy" or "Unaka" Mountain. There is no trouble about the location of these two great natural monuments in the line. The distance between the two is not less than 50 miles, and the only call which is locative of the line between the two is that the line is to run along "the extreme height of the said range, theretofore called the 'Great Iron' or 'Smoky' Mountain, to that part of the range or ridge called the-'Unicoy' or 'Unaka' Mountain." The commissioners representing the two states were not authorized to agree upon a new boundary, but to "settle, run, and re- » This case was decided before Judge Taft resigned.
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Great Smoky Mountains - A Park for America

This digital collection was created to contribute to the public's understanding of the forces and ideas that led to the establishment of the Great Smoky Mountains National Park in 1934. The most vi...

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