{
  "id": 8655924,
  "name": "JOHN BROOKS v. WILLIAM WOODRUFF",
  "name_abbreviation": "Brooks v. Woodruff",
  "decision_date": "1923-04-11",
  "docket_number": "",
  "first_page": "288",
  "last_page": "288",
  "citations": [
    {
      "type": "official",
      "cite": "185 N.C. 288"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "162 N. C., 460",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11271606
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/162/0460-01"
      ]
    },
    {
      "cite": "11 N. C., 71",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T20:46:28.944101+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN BROOKS v. WILLIAM WOODRUFF."
    ],
    "opinions": [
      {
        "text": "Stacy, J.\nBrooks made entry to certain lands, under C. S., 7554, alleging tbe same to be vacant or unappropriated. Woodruff filed bis protest, under C. S., 7557, claiming title to tbe land covered by tbe entry under a prior grant from tbe State. On tbe trial tbe rights of tbe parties were made to depend upon tbe true location of tbe lines and boundaries of Woodruff\u2019s grant. Tbe case was beard on an agreed statement of facts, and bis Honor, by consent, acting as judge and jury, found tbat Woodruff\u2019s grant called for tbe same land as tbat covered by tbe entry. Tbis was a mooted question of fact, and we see no reason for disturbing bis Honor\u2019s finding in favor of protestant and against tbe claimant, as it is supported by tbe evidence.\n\u201cWhat are the terndm or boundaries of a grant or deed is a matter of law; where those boundaries or termini are is a matter of fact. It is the province of the court to declare the first, tbat of the jury to ascertain the second.\u201d Henderson, J., in Tatem v. Paine, 11 N. C., 71. Here the court, by consent, taking the place of the jury, has found the facts against the claimant, and such finding is supported by competent evidence. the judgment, therefore, must be affirmed. Lumber Co. v. Bernhardt, 162 N. C., 460.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, J."
      }
    ],
    "attorneys": [
      "T. G. Bowie for plaintiff.",
      "JDoughton & Higgins for defendant."
    ],
    "corrections": "",
    "head_matter": "JOHN BROOKS v. WILLIAM WOODRUFF.\n(Filed 11 April, 1923.)\nBoundaries \u2014 Grants\u2014Location of Lands \u2014 Judge Finding Facts by Consent \u2014 Evidence\u2014Appeal and Error.\nThe plaintiff claimed the loons m quo under the provisions of O. S., 7554, as vacant and unappropriated, and defendant filed his protest under those of 0. S., 7557, the question of ownership depending upon the location of the land within the boundaries of the senior grant. Upon an agreed case the trial judge found the facts: Sold,, the boundaries of the grant were matters of law, and where the boundaries were, those of fact, and the findings of fact by the court, under the terms of the agreement, when supported by evidence, are conclusive on appeal.\nAppeal by plaintiff from Finley, J., at September Term, 1922, of Alleghany.\n,This was a proceeding of protest under tbe entry laws, 0. S., 7557; and, from a judgment in favor of protestant, tbe enterer, or claimant, appealed.\nT. G. Bowie for plaintiff.\nJDoughton & Higgins for defendant."
  },
  "file_name": "0288-01",
  "first_page_order": 354,
  "last_page_order": 354
}