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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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Item 2 - 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 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
wcu_great_smoky_mtns-9747.jpg

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
wcu_great_smoky_mtns-9748.jpg

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

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wcu_great_smoky_mtns-9749.jpg

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

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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" which includes the line here involved calls to cross the Tennessee river at sixty-five miles from the beginning point at the Cataloochee turnpike and continues 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." The only descriptive call in this long line, a distance of not less than 25 miles, is along the "extreme height" of the "main ridge," meaning thereby "the main ridge" of that. mountain range which we now know as the "Great Smoky Mountains." We are not prepared to say that this call would require in all cases that the line should run over the highest peaks of this great bed of mountains. The call is to run along the "extreme height" of the "main ridge." The controlling words are "main ridge," and qualify "extreme height." It is the "extreme heights" of that ridge which is the "main ridge" of the mountain range which is to be followed, and it by no means follows that that ridge which had a peak or peaks rising to the greatest altitude would be the "main ridge" called for. The 'general character of the ridge, having regard to its continuity, its direction, and its relation to other ridges or spurs, should be considered in determining whether it is an inferior or collateral ridge, or, indeed, the main backbone of the range. All these questions would plainly arise for adjustment in locating and marking a line described in such general terms. On the evidence in this case we are not satisfied that the State Ridge, upon which the commission run and marked the dividing line, was not the "main ridge," within the fair meaning of that call of the ratification act. But the line confirmed, ratified, and adopted by the solemn legislation of each state was the dividing line "run and marked," and although the line so run and marked should now appear to have been located upon a ridge not so fully answering a call for the "extreme height" of the "main ridge," as the ridge further southeast, it would not justify this court, in a suit between private parties, in holding that the lines so "run and marked," and so adopted by both states, was not the dividing line between the states. The line run and marked by the commissioners was intended only to "mark and define that which actually existed before, but was undefined and unmarked." The running and marking of an ancient line would in no respect affect the relation of either state to the Union or to the other. The case, in its essential facts, is much like that of Virginia v. Tennessee, 148 U. S. 503, 13 Sup Ct. 728, 37 L. Ed. 537, where the line between those states was involved. The evidence established that there had been a line run and marked by a joint commission and adopted by acts of each state. The contention was that the line so run and marked had departed from the line of 360 30', which was the ancient charter line, and that the acts adopting the line were invalid as compacts or agreements not consented to by the congress. After showing that such consent, if necessary to the mere ascertainment and marking of a boundary line, might be implied, the supreme court said: "Independently of any effect due to the compact as such, a boundary line between states or provinces, as between private persons, which has been run out, located, and marked upon the earth, and afterwards recognized and acquiesced in by the parties for a long course of years, 1b conclusive.
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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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