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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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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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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).

  • 54b 103 FEDERAL REPORTER. 10. After the Ocoee survey, in 1836, and down to 1882, the marked line on Slick Rock creek was reputed to be the state line. 11. Between 1853 and 1860 North Carolina entries and grants were made between the two lines. 12. In 1854, Tennessee, by law, provided for the entering and granting of lands in the Ocoee district, whether platted and surveyed or not, though the act did not assert that there were such unsurveyed lands. 13. In 1882 the entries under which the complainants claim, or a part of them, were made within the disputed lines, and in 1892 the complainants' grantors obtained a grant. 14. After 1882 there was a divided opinion and reputation as to the location of the state line, and since that time the few inhabitants have voted and paid taxes in Tennessee, though the appellants have paid taxes on their grant in North Carolina. 15. The region remains almost uninhabited and inaccessible. Neither state is shown to have exercised jurisdiction over it save by issuing entries and grants as stated. 16. The true line, as actually located in 1821, was the Hangover line. 17. There has been, on the evidence in this record, no such long and continued recognition or acquiescence in the tentative line on Slick Rock creek as to justify this court in saying that it has been adopted as the actual line so long as to stand for a definition of the true and ancient boundary. The conclusions and findings of the master upon the principal points in the case are not shown to have been so plainly erroneous as to justify us in overturning his conclusions as to the existence of the marked state-line trees on the Hangover, nor as to the fact that the Hangover was palpably the "main ridge" called for in the commissioners' report and survey. The case, on the whole, is one not free from doubts engendered by the existence of the marked line on Slick Rock creek and its apparent recognition by the Tennessee surveyor general as the state line. The result reached by the special master, and confirmed by a most careful and conscientious trial judge, is a result which on the whole is most consonant with the calls in the cession act and the subsequent confirmatory boundary acts. The evidence relied upon to deflect the boundary from the line so plainly described by both acts settling the boundary is not so conclusive as to require us to reverse the action of the circuit court. The decree will therefore be affirmed. FAYERWEATHER et al. v. TRUSTEES OF HAMILTON COLLEGE et al. (Circuit Court, S. D. New York. July 12, 1900.) 1. Equity—Pleading Former Adjudication—Duplicity. A plea setting up the record of a former suit as a prior adjudication is not double because such adjudication is comprised in the judgments of the court of original jurisdiction and of successive appellate courts to which the suit was carried.
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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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