North Carolina v. Tennessee

240 U.S. 652, 36 S. Ct. 604, 60 L. Ed. 847, 1916 U.S. LEXIS 1496
CourtSupreme Court of the United States
DecidedApril 3, 1916
Docket4, Original
StatusPublished
Cited by1 cases

This text of 240 U.S. 652 (North Carolina v. Tennessee) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Carolina v. Tennessee, 240 U.S. 652, 36 S. Ct. 604, 60 L. Ed. 847, 1916 U.S. LEXIS 1496 (1916).

Opinion

This cause coming on to be heard on the motion of counsel for the complainant, concurred in by the counsel for the defendant, to confirm the report of the Commissioners heretofore appointed by this court to ascertain, retrace, remark, and re-establish the real, certain, and true boundary line between the States of North Carolina and Tennessee between certain points, mentioned in said report, which said report is in the words and figures following to wit:

“ Pursuant to a decree of the Supreme Court of the United States, issued at the October Term, 1914, which appointed D. B. Burns of Asheville, N. C., W. D. Hale of Maryville, Tenn., and Addison, Ky., and Joseph Hyde Pratt of Chapel Hill, N. C., Commissioners to permanently mark and set monuments on the fine'in dispute in said controversy between said States, and which set out in detail the duties of said Commissioners, we, the said D. B. Burns, W. D. Hale and Joseph Hyde Pratt, Commissioners, dó herewith respectfully submit our report.
“We have, as ordered, reproduced on the accompanying map, No. 1, the State Line from Tree No. 1 — ’the same being the 59th mile-tree marked by the Commissioners in 1821 — 'southwestwardly to the point where the dispute began, which point is 15 feet south 32 46' west from Tree No. 29 — 'the hemlock fore and aft tree marked by the Commissioners in 1821 — just north of Little Tennessee River. The description of said reproduced line is as follows, viz.:
*653 "Beginning at the 59th mile tree, a large red oak or mountain oak, marked on the southeast side j$. This tree stands in the Rich Gap of the Smoky Mountain, and 260 feet North 30 47' East from the lowest part of said gap, and runs with the meanders of the mountain South .25 50'00" West 190 feet to a stake,
thence South 43 • 55' 35" West 472 feet to a stake,
thence South 60 58' 55" West 212 feet to a stake,
18' 42" West 344 feet to a stake, thence South 83
32' 00" West 235 feet to a stake, thence South 82
05' 47" West 561 feet to a stake, thence South 55
3T 35" West 545 feet to a stake, thence South 32
24' 25'' West 424 feet to a stake, thence South 51
58' 57" West 284 feet to a stake, thence South 43
20' 30" West 520 feet to a stake, thence South 40
52' 47" West 332 feet to a stake, thence South 45
30' 10" East 410 feet to a stake, thence South 0
58' 06" East 191 feet to a stake, thence South 6
26' 42" West, passing the Dalton Gap at thence South 2
567 feet — a very deep gap through which the Old Tellassee
Trail passes, 1367.6 feet to a stake,
thence South 65 58' 00" West 149 feet to a stake,
thence South 47 06' 05" West 516 feet to a stake,
thence South 62. 08' 15" West 264 feet to a stake,
thence South 74 42' 15" West 155 feet to a stake,
02' 15" West 579 feet to a stake, thence South 53
22' 15" West 134 feet to a stake, thence South 25
59' 15" West 637 feet to a stake, thence South 15
52' 30" West 783 feet to a stake, thence South 28
43' 51" West 517 feet to a stake, thence South 33
31' 51" East 279.5 feet to a stake, thence South 0
then South 5 31' 57" West, passing a pile of rocks at the
supposed location of the 61st mile tree at 423 feet, 463 feet to a stake, • ■
thence South 2 40' 30" East 450 feet to a stake,
thence South 17 21' 33" West 451 feet to a stake,
*654 thence South 41 01' 06" West 93 feet to a stake,
thence South 43 45' 39" West 511 feet to a stake,
thence South 17 49' 27" West 437 feet to a stake,
thence South 34 00' 30" West 246 feet to a stake,
the turnpike.road in a deep gap,
thence South 73 30' 00" West 380.2 feet to a stake,
43' 30" West 125.4 feet to a stake, thence South 60
18' 00" West 1304.4 feet to a stake, thence South 52
19' 00" West 490 feet to a stake, thence North 72
34' 00" West 450 feet to a stake, thence South 57
18' 30" West 365 feet to a stake, thence North 63
23' 00' West, passing the Locust Gap, thence North 72
where the 62d mile tree is said to have stood, at 112 feet, 745 feet to a stake,
thence South 83 42' 00" West 539.7 feet to a stake,
25' 30" West 198.7 feet to a stake, thence South 34
52' 30" West 531.6,feet to a stake, thence South 82
1.4' 00" West 370 feet to a stake, thence South 54
17' 30" West 550 feet to a stake,, thence North 75
15' 30" West 550 feet to a stake, thence South 76
28' 30" West 200 feet to a stake, thence South 69
32' 00" West 400 feet to a stake, thence South 85
35' 00" West 670 feet to a stake, thence South 71
21' 00" West, passing an 18" hickory, thence South 66
supposed to be the 63d mile tree, at 344 feet, 500 feet to - a stake,
thence South 10 59' 00" West 200 feet to a stake,
thence South 63 07' 00" West 150 feet to a stake,
thence South 27 44' 00" West 450 feet to the top of a high knob,
52' . 00" West 580 feet to a stake, . thence South 51
03' 00" West 260 feet to a stake, thence South 56
13' 30" West 390 feet, to a stake, thence South 45
48'30" West 150 feet to a stake, thence South 65
22' 00" West 220 feet to a stake, thence South 26
12' 00" East 260 feet to a stake, thence South 16
*655 thence South 52 44' 30" West 390 feet to a stake,

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Cite This Page — Counsel Stack

Bluebook (online)
240 U.S. 652, 36 S. Ct. 604, 60 L. Ed. 847, 1916 U.S. LEXIS 1496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-v-tennessee-scotus-1916.