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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
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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
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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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wcu_great_smoky_mtns-9750.jpg

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).

  • STEVENSON V. FAIN. even if It be ascertained that It varies somewhat from the courses given in the original grant; and the line so established takes effect, not as an alienation of territory, but as a definition of the true and ancient boundary." In this aspect of the case we think the line "run and marked" in 1821 was, by the confirmatory acts of each state, recognized and accepted as a running and marking of a line which actually existed before, a mere ascertainment and definition of the ancient boundary, and to be given effect even if it be now shown, under a more accurate knowledge of the geography of the region, that the State Ridge was somewhat lower in average altitude than the more broken and difficult ridge constituting the watershed at this particular point. But it is argued that Tennessee has for many years claimed and recognized the "water divide" ridge as the true eastern line of the state. The solemn act adopting and confirming the line run and marked by the joint commission has never been repealed or modified, and by no legislative action is it shown that the state of Tennessee has sought to deny the correctness of the line so run and marked by her commissioners. The acts relied upon to show a claim to the water divide line are separate acts of executive officers of the state, plainly done without intention to affect any boundary question. The region through which the disputed line passed was, in 1821 and for many years afterwards, owned and occupied by the remnant of the great Cherokee tribe of Indians. In 1836 the Cherokee title was acquired to the Cherokee lands within the borders of Tennessee, and in that year those lands were constituted a surveyor's district, called "Ocoee District," and ordered to be surveyed and platted by the state surveyor general. In making his survey in 1836 that officer mistakenly included the lands in dispute within his survey, and they were platted and granted subsequently as a part of the acquired Cherokee lands. This erroneous platting made by this surveyor seems to be the source of all doubt in respect to this line, and is doubtless the origin of the error in the recent geodetic survey of this region shown by the official map published by the commission, which adopts the line claimed by the appellants. The abortive Tennessee act of 1844, providing for the organization of the new county of Jones, is supposed by appellants to include the disputed lands within its boundary by the call "thence up the main south branch of said river (the Tellico) to the head, a distance of twenty-one miles to the North Carolina line, thence with the state line to the beginning." Laws 1843-44, p. 215. The head of the main south fork of the Tellico river is proven by one of appellants' witnesses to be "in the neighborhood of McDaniel's Bald," a lofty peak, over which the line urged by appellants passes. It is plain that if the eastern line stopped at the head of the south fork of Tellico it would not reach the North Carolina line, as claimed by appellants, which passes over the extreme height of McDaniel's Bald. The controlling call in the Jones county act would be the North Carolina line, for beyond that the state of Tennessee could not extend the new county, and nothing in the act indicates that the general assembly was in any way undertaking to claim jurisdiction beyond the well-known dividing line theretofore adopted.
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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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