Swain v. . Bell

CourtListener 3904646NcsuperctMay 5, 1802

Full text

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Judge.

The courses of the patent after arriving afe ILoekwood Folly are described thus:

thence up a creek ’within the inlet and the weciwardly branch to the head; thence north-east to Elizabeth river.

Where there is a natural boundary it must be followed j and if, as here, the next course will lead

to

a point whereby the land will not be included, but calls for a natural boundary, the course is to be disregarded, and the nearest course to the natural boundary must be taken. As to possession, if a smaller patent be laid on land included In a greater, and the pa-tentee of this smaller part take possession, and that be not interrupted, though possession be taken of other parts of the larger patent, and that uninterrupte d possession be continued under the smaller patent for seven yeais, it will give a title to the possessor.

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