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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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Item 4 - 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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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
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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • 542 103 FEDERAL REPORTER. those that are less certain and material. The rule in Tennessee i_ not different. A call for a natural object will control unless it is shown that monuments of boundary were made at the time of the execution of the deed, and adopted as the boundary. Massengill v. Boyles, 4 Humph. 206. In Bishop's Lessee v. Arnold, Peck, 366, Haywood, J., said-: "When the consideration of questions of boundary first came before the courts in North Carolina, it was with difficulty the courts could bring themselves to depart from the calls of the grant, under the rule of evidence that parol proof should not be received to add to or detract from a written instrument, and the law to this day is, if the grant is intelligible on its face, it must not be departed from; but, many mistakes having intervened in making surveys, plats, and certificates, and filling the calls in grants, it was at. length permitted to show the mistake by proofs." The description of the boundary as run and marked by the commissioners calls for a course from one natural object, the Tennessee river, to another, the Unaka Mountain. In the absence of any further description, the line should be run straight from one monument to the other. 3 Washb. Real Prop, side p. 632; Burnett v. Jones, 51 N. C. 210; Jenks v. Morgan, 6 Gray, 448; Caraway v. Chancey, 51 N. C. 364. The first call in the boundary act of both states is "from the Tennessee river to the main ridge." There are no words of intermediate description. The line should, therefore, be a straight one from the last monument on the river, the fore and aft pine tree, to the "main ridge." There being no possible doubt as to the identity of the "main ridge" referred to, there can be no doubt on the face of the description following that the line should then run "along the extreme height of the same" to the next natural monument, to wit, "to the place where it is called the 'Unicoy' or 'Unaka' Mountain." Finding, as we do, upon the line thus located by identified natural objects, two old state-line marked trees, marked, as shown by blocking and examining the annular growth, in 1821, we have no difficulty in agreeing that the line, as run and marked by the commissioners in 1821 was the Hangover line, as found by the special master, and as claimed by the appellees. The probabilities are that the surveyors tentatively or experimentally marked the line up Slick Rock creek. Discovering that thereby they made a radical departure from the "extreme height" of the mountain chain called for by the cession act of 1789, they abandoned the creek, and ran, adopted, and reported the line as running along the extreme height of the "main ridge," now known as "Hangover Ridge." This is the only reasonable explanation consistent with the absence of descriptive words calling for a line running down the Tennessee river, and then up Slick Rock creek. But it is insisted that the Slick Rock creek line has been long recognized as the line by both North Carolina and Tennessee, and by reputation and adoption has come to be the actual line, though not originally so run and marked. In the case of Virginia v. Tennessee, 148 U. S. 503, 522, 13 Sup. Ct. 728, 37 L. Ed. 537, where the question was a disputed boundary between Virginia and Tennessee, the court said:
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Object’s are ‘parent’ level descriptions to ‘children’ items, (e.g. a book with pages).

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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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