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

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  • BTEVENSON V. FAI5. settle, run and re-mark the boundary line" between the two states, agreeably to the true intent and meaning of the said act of the general assembly of North Carolina, entitled 'An act for the purpose of ceding to the United States of America certain western lands therein described." Acts Tenn. 1820. c. 22; 2 Ired. & B. Rev. St. N. O. p. 94. The said commissioners did accordingly run and mark said line, and each state r/assed an act ratifying, confirming*, and adopting the line as run. marked, and reported by the Joint commission. Acts Tenn. 1821, p. 45, c. 35; 2 Ired. & B. Rev. St. N. C. p. 96. The Tennessee act ratifying and adopting said line so ascertained, run, and marked is as follows: "Be it enacted by the general assembly of the state of Tennessee that the dividing line run and marked by Alexander Smith, Isaac Allen and Simeon Perry, commissioners for and on behalf of this state, and James Mebane, Montfort Stokes and Robert Love, commissioners for and on behalf of the state of North Carolina, which dividing line, as run by said commissioners, begins at a stone set up on the north side of Cataloochee turnpike road, and marked on the west side, 'Tenn. 1821,' and on the east side. 'N. C. 1821;' running thence on a southwestwardly course to the Bald Rock, on the summit of the Great Iron or Smoky-Mountain, and continuing southwestwardly on the extreme height thereof to where it strikes Tennessee river, about seven miles above the old Indian town of Tallassee, crossing Porter's Gap at the distance of twenty-two miles from the beginning, passing Meigs boundary line at thirty-one and a half miles, the Equovettly path at fifty-three miles, and crossing Tennessee river at the distance of sixty-five miles from the beginning; from Tennessee river to the main ridge, and along th.e extreme height of the same to the place where it is called the 'Unicoy' or 'Unaka' Mountain, striking the old trading path leading from the valley towns to the overhills towns, near the head of the west fork of Tellico river, and at the distance of ninety-three miles from the beginning; thence along the extreme height of the Unicoy or Unaka Mountain to the southwest end thereof, at the Unicoy or Unaka turnpike road, where a corner stone is set up marked Ten.' on the west side and 'N. C on the east side, and where a hickory tree is also marked on the south side Ten. 101 M.' and on the north side 'N. O. 101 M.' being one hundred and one miles from the beginning; from thence a due course south two miles and two-hundred and fifty-two poles to a spruce pine on the north bank of the Hiwassee river, below the mouth of Cane creek; thence up the said river the same course about one mile, and crossing the same to a maple marked 'W. D.' and 'K. A.' on the south bank of the river; thence continuing the same course due south eleven miles and two hundred and seventy-three poles to the southern boundary line of the state of Tennessee and North Carolina, making in all one hundred and sixteen miles and two hundred and twenty-three poles from the beginning, and striking the southern boundary line twenty-three poles west of a tree in said line marked '72 M.' where was set up by said commissioners a square post, marked on the west side Ten. 1821' and- on the east side 'N. C. 1821' and on the south side 'G,' be, and the same is hereby ratified, confirmed and established as the true boundary line between this state and North Carolina." The confirmatory North Carolina act is In identical words, but concludes with these words: 'The whole distinctly marked with two chops and a blaze on each fore and aft tree, and three chops on each side line, and mile marked at the end of each mile." That part of the boundary line here involved is included within the line described in the ratifying acts as follows: "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." This line from the Tennessee river southwest along the "main ridge" to the Unaka Mountain is perfectly well marked and settled, except between two well-known points in the line called "County Corners" and "Gold Brysons Gap." The distance between these two known points in the settled line is from six to twelve miles, being six miles if run along the ridge between the two points known as the "State Ridge," or twelve miles if run along the crests of a series of broken ridges, lying more to the southeast The shorter or State Ridge line is the line claimed by the defendants, and the longer line the one claimed by the complainants. The small plat made
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