BATSON v. BELL

No. 176.

107 S.E.2d 562 (1959)

249 N.C. 718

Elbert BATSON and wife, Mabel Batson; Wilbur Batson and wife, Eleanor Batson; Cecil Batson and wife, Geneva Batson; Thomas H. Batson (single); Mabel Jordan and husband, George Jordan; H. W. Batson (single), Heirs of John Batson, deceased; and Mattie Batson, Widow of John Batson, v. E. E. BELL and wife, Nannie C. Bell.

Supreme Court of North Carolina.

March 18, 1959.


Attorney(s) appearing for the Case

John J. Best and Wyatt E. Blake, Burgaw, for plaintiff appellants.

Larkins & Brock, Trenton, and Ward & Tucker, New Bern, for defendant appellees.


RODMAN, Justice.

Plaintiffs trace title to a grant to Jessie W. Batson for 51 acres dated 20 April 1859. Determinative of the appeal is this question: Have plaintiffs offered any evidence which will permit a jury to find that the disputed area lies within the boundaries of the Batson grant?

The rules applicable to the ascertainment of boundaries trace back to the early history of the State. They are firmly established by numerous consistent decisions.

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