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Great Smoky Mountains - A Park for America
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 1 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
wcu_great_smoky_mtns-9742.jpg

Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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wcu_great_smoky_mtns-9743.jpg

Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 3 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 4 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 5 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 6 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 7 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 8 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 9 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 10 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

GSMNP_13150_16_1133_10
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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • 116 FEDERAL REPORTER. marked by the commission, such line must be accepted by the courts, in a suit between private persons, as the true and ancient boundary, even though it now appears that a different line between such points might more accurately conform to a general call in the act of cession for "the extreme height" of a certain mountain for a distance of 100 miles. 8. Same. In that part of the boundary line between North Carolina and Tennessee described in the confirmatory acts of the two states as running "from Tennessee river to the main ridge and along the extreme height of the same to the' place where it is called the 'Unicoy' or 'Unaka' Mountain," the boundary between the two known points called "County Corner" and "Gold Bryson Gap" follows the line run and marked by the joint commission along what is known as "State Ridge." Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to remove a cloud upon the title to a body of wild mountain lands, including about 10,000 acres, lying adjacent to the boundary between Tennessee and North Carolina. The complainants claim title to the lands under grants from the state of Tennessee and mesne conveyances to them, and aver that they are in possession, and that said lands lie wholly in Monroe county, Tenn. They charge that the same lands are claimed by the defendants as heirs at law of one M. Fain, who claimed same under grants from the state of North Carolina. The object of the bill is to obtain the cancellation of these grants as a cloud upon complainants' title, and' for this purpose they aver that the lands so claimed and granted were not within the state of North Carolina, nor subject to grant by that state. The defendants disclaim title to any lands in Monroe county, Tenh., and aTer that the lands in controversy lie wholly within the county of Cherokee, state of North Carolina, and that they were lawfully granted to their ancestor by said state. The issue, therefore, involves the question of the true boundary between North Carolina and Tennessee, and the decree must be for the complainants if it shall appear that the.lands lie within the state of Tennessee. Tennessee originally constituted the western part of the state of North Carolina. The cession act of 1789, ceding the territory now constituting the state of Tennessee to the United States, describes the eastern boundary line as follows: "Beginning on the extreme height of the Stone Mountain, at the place where the A'ii-ginia line intersects it, running thence along the extreme height of the said mountain to the place' where the Wautauga river breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses same; thence along the ridge of said mountain, between the waters of Doe river and the waters of Rock creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to where Nolinchucky river runs through the same; thence, to the top of the Bald Mountain; thence along the extreme height of the said mountain to the Painted Rock, on French Broad river; thence along the highest ridge of the said mountain to the place where it is called the 'Great Iron' or 'Smoky' Mountain; thence along the extreme height of the said mountain to the place where it is called 'Unicoy' or 'Unaka* Mountain, between the Indian towns Co wee. and Old Ch'ota; thence along the main ridge of the said mountain to the southern boundary of this state." -The line here to be ascertained is included within the call beginning: "Thence along the extreme height of the said mountain to the place where It is called 'Unicoy' or 'Unaka' Mountain, between the Indian towns Cowee and Old Chota." The ascertainment of the "main ridge" of the "Great Iron" .or "Smoky" Mountain, and the location of the boundary line along Its "extreme height," became at an early day a matter of importance to both states. To the end that the line thus indicated should -be settled, run, and marked, acts were passed in 1821 by both states, providing for a Joint commission to ascertain, run, and mark the line' of the cession act These acts were in substantially identical terms, and required the commissioners "to
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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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