Brown v. . Brown

Citations

• 11 S.E. 647
• 106 N.C. 451

Syllabus

<p>Cherokee Lands — Grants—Treaties with the Indians — Holston Line — Act of Legislature — Boundaries—Color of Title — Evidence — Bond for Title — Possession.</p> <p>1. By an act passed in North Carolina in 1777, it was made lawful for any citizen of the State “ to enter.any lands not granted before the fourth day of July 1776, which have accrued or shall accrue to this State by trtaty or conquest.” An act passed in 1783 reserved to the Cherokee Indians certain lands, and forbade entry or survey, making void all grants issued thereon. By a treaty made in 17&1, all Indian titles east of the “Holston Treaty Line” wei’e extinguished: Held (1), that the Legislature had the right to ñx and declare the boundaries of this line without affecting the rights of third parties interested; (3) the State cannot, without a breach of faith, question such location of boundaries; (3) nor private individuals claiming under it; (4) the State has fixed and declared such boundaries; (5) the Holston line was ascertained and made certain by the Meigs and Freeman survey; (6) a grant of land by the State, depending for its validity upon the location of the boundaries so fixed and declared, is good.</p> <p>2. A witness called to prove the declaration of an aged man, then dead, is not rendered incompetent because his wife claimed land under the grant.</p> <p>3. A deed is good to show color of title, though improperly admitted to registration.</p> <p>4. When the record shows that the execution of a deed was duly acknowledged before a Judge of the Superior Court in 1860, and it was properly registered in obedience to this flat, but it did not appear in which of two counties, Haywcod or Jackson, and that there was a certificate of registration in Jackson County, dated October, 1882: Held, the deed was properly registered.</p> <p>5. A will directed: “ And in relation to the ‘ speculation lands,’ it is my will and desire that the sale shall continue under the management of my executors as though I