{
  "id": 11275394,
  "name": "JOSEPH H. BURNETT vs. JOHN THOMPSON",
  "name_abbreviation": "Burnett v. Thompson",
  "decision_date": "1852-06",
  "docket_number": "",
  "first_page": "379",
  "last_page": "381",
  "citations": [
    {
      "type": "nominative",
      "cite": "13 Ired. 379"
    },
    {
      "type": "official",
      "cite": "35 N.C. 379"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T16:11:31.390339+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOSEPH H. BURNETT vs. JOHN THOMPSON."
    ],
    "opinions": [
      {
        "text": "Pearson J.\nThe ease turned upon the location of one of the lines of a lease of one Williams, by the Tuscarora Indians, dated in 1803, and to continue from the date thereof until 1916. The lease called for the run of Miry Branch \u2022 thence down the branch to the ran of Town Swamp; thence down the swamp to the Swash ; thence down the swash to Coniot Swamp ; thence, <fcc.\nIt was argued that the line down the swamp struck the swash at the mouth of the run of the swamp, a point on the south side of the swamp, and that the next corner was a point at the mouth of Coniot Swamp. The question was, how the line run from the point at the mouth of Town Swamp, to the point at the mouth of Coniot Swamp. It was proven that the water from Town Swamp ran, in low water, through the Swash, in a defined channel and emptied iri^o a place called \u201cBroad Water,\u201d and thence into Coniot creek, some distance from the point at the mouth of Coniot swamp, and thence down the creek to the river. In high water the swash was all covered, and there was no perceptible run or channel. The swash was a low, boggy tract of country, varying from three quarters of a mile to a mile in width, and reaching from the mouth of Town swamp to Coniot swamp.\nThe defendant contended, that the line run from the point at the mouth of the run of Town swamp, along the channel defined in low water, through the swash, into \u201c Broad Water,\u201d and thence to the point at the mouth of Coniot swamp; and that, whether that, or the edge of the swash, was the boundary, was a question for the jury.\nThe plaintiff contended, that from the point at the mouth of Town swamp, the line was along the edge, of the swash, to the point at the mouth of Coniot swamp.\nThe Court charged, that, it could not be laid down, as a matter of law,.that in running down the swash, the line must be located along the channel defined in low water, through the swash, or along the edge of the swash, and \u201cleft it to the jury, as^a question of fact,\u201d to find from the evidence, where the line was to be located ; telling them it must go down the swash from the point at the mouth of Town swamp to the point at the mouth of Coniot swamp. In this there is error.\nWhat are the boundaries of a tract of land, is a question of law. It is a mere question of construction. Where a line is, and what are the facts, must, of course, be found by the jury. In this case, two points are agreed on, and the boundary is a direct line from one point to the other, unless there be something to vary it. The Court concurs in the opinion, that the channel, defined in low water, through the swash, is not the line, because it does not lead to the point. A majority of the Court are inclined to the opinion, that the words, \u201cdown the swash,\u201d do, under the circumstances, indicate the direct line, and mean along or down the edge of the swash. I confess I incline to a dif-ieren t opinion, because the words \u201cdown the swash,\u201d are satisfied and correspond with a direct line. But it is not necessary to determine this question: for, take it either way, the plaintiff is entitled to a venire de novo, and it is only mentioned, in order that, upon the next trial, the attention of the parties may be called to it, so as to have it laid down on the plat, in reference to the locus in quo. It is assumed, that the smash reaches to Coniot swamp. This depends upon whether \u201cBroad Water\u201d is a part of the swash. This fact should be distinctly found, as it may affect the opinion of a majority of the Court upon the question of construction.\n. As the case is to be tried again, it may be well to say, that upon the questions of evidence, we concur with his Honor. There is no statute requiring leases for years to be registered. Of course, the act of 1846, in regard to registered copies, does not apply to them: and it may be well, in this way, to call the attention of the Legislature to the fact, as there seems to be the same reason for requiring leases for years, especially long leases, to be registei\u2019ed, as deeds for freehold estates. Until 1819, leases for years were not required to be in writing.\nIt was proper to reject the maps, as they were not proved to have been made before the lease, under which the defendant derived title.\nProof of a deed by one witness is sufficient: and proof of the handwriting of one witness, both being dead, is also sufficient. This is settled.\nPer Curiam. Venn e de novo awarded.",
        "type": "majority",
        "author": "Pearson J."
      }
    ],
    "attorneys": [
      "Brggs ani Smith for the plaintiff.",
      "Heath, Winston, jr., Bragg for the defendant."
    ],
    "corrections": "",
    "head_matter": "JOSEPH H. BURNETT vs. JOHN THOMPSON.\nWhat are the boundaries of a tract of land, is a question of law, being a mere question of construction. Where a line is, and what are the facts, must, of course, be found by ths jury.\nThere is no law requiring leases for years to be registered, and, therefore, a copy from the register\u2019s books is not evidence, as in the case of deeds for freehold estates.\nA map, which is not shown to have been made before the conveyance, under which a party claims, is not evidence for said party.\nProof of a deed by one witness is sufficient; and proof of the handwriting of one witness, both being dead, is also sufficient.\nAppeal from the Superior Court of Law of Bertie county, at the Spring Term, 1852, his Honor Judge Battle presiding.\nBrggs ani Smith for the plaintiff.\nHeath, Winston, jr., Bragg for the defendant."
  },
  "file_name": "0379-01",
  "first_page_order": 385,
  "last_page_order": 387
}