Craven County, NC - Den on the Several Demises of John C. Osborn and John Stanly v. John Coward, 1811 From Craven Question of evidence. In ejectment the plaintiff claimed title under a grant issued in 1707 for 640 acres. The beginning corner called for in the grant was "a poplar on Trent River, thence 320 poles to a pine," etc. On the trial he contended his beginning corner was 400 poles from the poplar, and the second corner 400 poles from the pine; and to prove it he offered to lay before the jury the record of a petition filed by one of the old proprietors of the land, before the Governor in Council, praying for a resurvey, the order in council for a resurvey, directed to the Surveyor General, and the resurvey made in pursuance thereof in 1768: Held, that the record of this petition and resurvey is not admissable in evidence. The lessors of the plaintiff claimed the lands in question under a grant issued to Frederick Jones, in 1707, in which the boundaries are described as follows, to wit: "Beginning at a poplar on Trent River, running thence west 320 poles to a pine, thence north 320 poles to a pine, thence east 320 poles to the river at a Spanish oak, and with the river to the beginning, containing 640 acres." They contended that the beginning corner stood at the distance of 400 poles from the poplar, and the second corner 400 poles from the pine. To support this contention they prayed for leave to give in evidence the record of a petition of Edward Franks, a forner proprietor of the land, to the Governor and Council, in 1769, praying for an order of resurvey, and also the resurvey authorized and made pursuant thereto, in the words and figures following, viz: "At a council held at Wilmington, on 28 April, 1769 - present, his Excellency the Governor in Council. Read the petition of Edward Franks, setting forth that his father, Martin Franks, in his lifetime, purchased from Frederick Jones a certain tract of land granted by patent to the said Jones, in 1707, for 640 acres, in Craven County, on the north side of Trent River, called the White Rock; the courses and distances of which patent will not extend as far as the natural bounds and marked lines of the original survey. Whereupon the petitioner prayed an order to resurvey the same agreeable to the known bounds and marked lines; that if there should be found a surplusage the said petitioner might have the preference to secure the same in such a manner as his Excellency in Council shall hereafter direct. Ordered a warrant of resurvey to issue, according to the prayer of the petition. A true copy, To the Surveyor General Jno. London, D. Sec'y [Survey] The above plan represents a tract of land patented by Frederick Jones, in 1707, for 640 acres, in Craven County, called the White Rock, surveyed by virtue of a warrant of resurvey, issued at Wilmington 28 April, 1768. L. Lane, D. Surveyor Resurveyed this 24 November, 1768 The presiding judge refused to receive the evidence offered, whereupon the plaintiff suffered a nonsuit; and it was referred to this Court to decide, Whether the said petition and resurvey were admissable in evidence. Source: NC Reports July Term, 1811 NC Supreme Court Pg 62-64 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________