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North Carolina Vs. Tennessee - Court Judgment

LegalCrystal Citation
CourtUS Supreme Court
Decided On
Case Number240 U.S. 652
AppellantNorth Carolina
RespondentTennessee
Excerpt:
north carolina v. tennessee - 240 u.s. 652 (1916) u.s. supreme court north carolina v. tennessee, 240 u.s. 652 (1916) north carolina v. tennessee no. 4, original decree, entered april 4, 1916 240 u.s. 652 i n equity syllabus decree embodying report of commissioners and establishing slick rock basin and tellico basin sections of the boundary between the states of north carolina and tennessee established in accordance with decision of this court, 235 u. s. 235 u.s. 1. 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 reestablish.....
Judgment:
North Carolina v. Tennessee - 240 U.S. 652 (1916)
U.S. Supreme Court North Carolina v. Tennessee, 240 U.S. 652 (1916)

North Carolina v. Tennessee

No. 4, Original

Decree, entered April 4, 1916

240 U.S. 652

I N EQUITY

Syllabus

Decree embodying report of Commissioners and establishing Slick Rock Basin and Tellico Basin sections of the boundary between the States of North Carolina and Tennessee established in accordance with decision of this Court, 235 U. S. 235 U.S. 1.

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 reestablish 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 line 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, do herewith respectfully submit our report."

"We have, as ordered, reproduced on the accompanying map, No. 1 [ see map reprinted in 240 U.S.], 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 32Ą46' 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.: "

Page 240 U. S. 653

"Beginning at the 59th mile tree, a large red oak or mountain oak, marked on the southeast side 59M. This tree stands in the Rich Gap of the Smoky Mountain and 260 feet North 30Ą47' East from the lowest part of said gap, and runs with the meanders of the mountain South 25Ą 50'00' West 190 feet to a stake,"

"thence South 43Ą55'35' West 472 feet to a stake,"

"thence South 60Ą58'55' West 212 feet to a stake,"

"thence South 83Ą18'42' West 344 feet to a stake,"

"thence South 82Ą32'00' West 235 feet to a stake,"

"thence South 55Ą05'47' West 561 feet to a stake,"

"thence South 32Ą31'35' West 545 feet to a stake,"

"thence South 51Ą24'25' West 424 feet to a stake,"

"thence South 43Ą58'57' West 284 feet to a stake,"

"thence South 40Ą20'30' West 520 feet to a stake,"

"thence South 45Ą52'47' West 332 feet to a stake,"

"thence South 0Ą30'10' East 410 feet to a stake,"

"thence South 6Ą58'06' East 191 feet to a stake,"

"thence South 2Ą26'42' West, passing the Dalton Gap at 567 feet -- a very deep gap through which the Old Tellassee Trail passes, 1367.6 feet to a stake,"

"thence South 65Ą58'00' West 149 feet to a stake,"

"thence South 47Ą06'05' West 516 feet to a stake,"

"thence South 62Ą08'15' West 264 feet to a stake,"

"thence South 74Ą42'15' West 155 feet to a stake,"

"thence South 53Ą02'15' West 579 feet to a stake,"

"thence South 25Ą22'15' West 134 feet to a stake,"

"thence South 15Ą59'15' West 637 feet to a stake,"

"thence South 28Ą52'30' West 783 feet to a stake,"

"thence South 33Ą43'51' West 517 feet to a stake,"

"thence South 0Ą31'51' East 279.5 feet to a stake,"

"then South 5Ą31'57', 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 2Ą40'30' East 450 feet to a stake,"

"thence South 17Ą21'33' West 451 feet to a stake, "

Page 240 U. S. 654

"thence South 41Ą 01'06' West 93 feet to a stake,"

"thence South 43Ą45'39' West 511 feet to a stake,"

"thence South 17Ą49'27' West 437 feet to a stake,"

"thence South 34Ą00'30' West 246 feet to a stake,"

"the turnpike road in a deep gap,"

"thence South 73Ą30'00' West 380.2 feet to a stake,"

"thence South 60Ą43'30' West 125.4 feet to a stake,"

"thence South 52Ą18'00' West 1304.4 feet to a stake,"

"thence North 72Ą19'00' West 490 feet to a stake,"

"thence South 57Ą34'00' West 450 feet to a stake,"

"thence North 63Ą18'30' West 365 feet to a stake,"

"thence North 72Ą23' West, passing the Locust Gap, where the 62nd mile tree is said to have stood, at 112 feet, 745 feet to a stake,"

"thence South 83 42' West 539.7 feet to a stake,"

"thence South 34Ą25'30' West 198.7 feet to a stake,"

"thence South 82Ą52'30' West 531.6 feet to a stake,"

"thence South 54Ą14'00' West 370 feet to a stake,"

"thence North 75Ą17'30' West 550 feet to a stake,"

"thence South 76Ą15'30' West 550 feet to a stake,"

"thence South 69Ą28'30' West 200 feet to a stake,"

"thence South 85Ą32'00' West 400 feet to a stake,"

"thence South 71Ą35'00' West 670 feet to a stake,"

"thence South 66Ą21'00' West passing an 18' hickory, supposed to be the 63rd mile tree, at 344 feet, 500 feet to a stake,"

"thence South 10Ą59'00' West 200 feet to a stake,"

"thence South 63Ą07'00' West 150 feet to a stake,"

"thence South 27Ą44'00' West 450 feet to the top of a high knob,"

"thence South 51Ą52'00' West 580 feet to a stake,"

"thence South 56Ą03'00' West 260 feet to a stake,"

"thence South 45Ą13'30' West 390 feet to a stake,"

"thence South 65Ą48'30' West 150 feet to a stake,"

"thence South 26Ą22'00' West 220 feet to a stake,"

"thence South 16Ą12'00' East 260 feet to a stake, "

Page 240 U. S. 655

"thence South 52Ą44'30' West 390 feet to a stake,"

"thence South 17Ą48'30' East 590 feet to the top of Lone Pine Knob,"

"thence North 73Ą47'30' West 380 feet to a stake,"

"thence South 76Ą27'30' West 610 feet to a stake,"

"thence South 66Ą20'30' West 450 feet to a stake,"

"thence South 15Ą07'30' West 350 feet to a stake,"

"thence South 59Ą33'30' West 680 feet to a stake,"

"thence North 67Ą51'30' West 470 feet to a stake,"

"thence South 49Ą24'30' West passing a fore and aft hemlock north of Little Tennessee River at 775 feet, 790 feet to where the lines of contention diverge, we set up a rock 8 inches thick, 12 inches wide, and 18 inches high, and cut on the southeast side of it N.C. on the northwest side TENN., on the northeast side 0+00 and on the southwest side 1915, and cut an X in the top of the Rock. This is Monument No. 1. From this point, on the 7th day of August 1915, we began the survey and marking of the line, marking side line trees with 3 hacks and fore and aft trees with 2 hacks above a blaze, as follows:"

"South 79Ą11'00' West 135 feet to the river bank, thence down the river on the North bank North 38Ą27'30' West 285 feet to a stake,"

"thence North 26Ą43'00' West 295 feet to a stake,"

"thence North 22Ą18'30' West 385 feet to a stake,"

"thence North 56Ą42'00' West, passing the stump of tree No. 30 at 259 feet, 619 feet to a stake,"

"thence North 78Ą55'30' West 361 feet to a stake,"

"thence North 78Ą50'00' West 242 feet to a stake,"

"thence South 85Ą11'00' West 372.2 feet to a stake,"

"thence South 76Ą29'30' West 276.5 feet to a Boulder on the North bank of Little Tennessee River at low water mark, said Boulder is 4 feet wide, 10 feet long, and 3 feet high, and on it we cut an X, and on the southeast side of the X, we cut N.C. 1915 and on the northwest side TENN. 29+70.7. This is Monument No. 2; thence

Page 240 U. S. 656

South 54Ą38'00' West 313 feet crossing the river to a boulder on the south bank of the river and on the west bank of Slick Rock Creek. This boulder is 6 feet wide, 15 feet long, and 4 feet high, and on it we cut an X, and on the east side of the X we cut N.C.. on the west side TENN., on the north side 1915, and on the south side 32+83.7. This Boulder being 3283.7 feet from Monument No. 1. This is Monument No. 3. From this point, we ran up and with the bed of Slick Rock Creek as follows:"

"South 30Ą13'00' East 209.3 feet to an X on a rock,"

"thence South 7Ą24'00' West 494 feet to an X on a rock,"

"thence South 4Ą17'00' East 630 feet to an X on a rock,"

"thence South 33Ą26'00' West 360.7 feet to an X on a rock,"

"thence South 60Ą21'00' West 505.7 feet to an X on a rock,"

"thence South 2Ą36'30' East 427.6 feet to an X on a rock,"

"thence South 21Ą33'30' East 305.6 feet to an X on a rock, near Ravens Den,"

"thence North 82Ą29'30' West 640.4 feet to an X on a rock,"

"thence South 87Ą14'30' West 173.5 feet to an X on a rock,"

"thence South 19Ą21'30' West 273.3 feet to an X on a rock,"

"thence South 39Ą36'30' East 171.0 feet to an X on a rock,"

"thence South 70Ą45'00' East 320.3 feet to an X on a rock,"

"thence South 25Ą28'00' East 177.9 feet to an X on a rock,"

"thence South 21Ą39'30' West 289.0 feet to an X on a rock,"

"thence North 59Ą17'30' West 728.4 feet to an X on rock,"

"thence South 88Ą36'30' West 858.0 feet to an X on a rock,"

"thence North 70Ą01'30' West 481.6 feet to an X on a rock,"

"thence South 50Ą27'30' West 413.0 feet to an X on a rock,"

"thence south 3Ą19'00' West 320.0 feet to an X on a rock, at top of lower falls"

"thence South 47Ą27'00' East 464.0 feet to an X on a rock,"

"thence South 47Ą15'00' West 113.9 feet to an X on a rock,"

"thence North 82Ą52'00' West 531.4 feet to an X on a rock,"

"thence South 38Ą42'00' West 172.7 feet to an X on a rock,"

"thence South 14Ą09'00' East 534.6 feet to an X on a rock,"

"thence South 5Ą09'30' West 798.9 feet to an X on a rock, "

Page 240 U. S. 657

"thence South 12Ą20'30' East 257.7 feet to an X on a rock,"

"thence South 38Ą02'30' East 291.8 feet to an X on a rock,"

"thence South 37Ą20'30' West 236.0 feet to an X on a rock, near the mouth of Slick Rock Gap, branch,"

"thence North 57Ą33'30' West 485.5 feet to an X on a rock,"

"thence North 85Ą41'30' West 432.3 feet to an X on a rock,"

"thence South 17Ą13'00' West 432.3 feet to a rock in Slick Rock Creek near the west bank and about 30 feet above where the Belding Trail crosses the creek. This Rock is 3 feet wide, 5 feet long and 2 feet high. On it we cut an X and cut N.C. on the southeast side, TENN. on the northwest side, 1915 on the southwest side and 156+69.8 on the northeast side of the cross. This is Monument No. 4."

"thence South 23Ą40'30' West 189.9 feet to an X on a rock,"

"thence North 75Ą04'30' West 279.3 feet to an X on rock,"

"thence North 47Ą01'30' West 870.5 feet to an X on a rock,"

"thence North 72Ą23'00' West 320.5 feet to a stake,"

"thence South 19Ą47'30' West passing the mouth of Little Slick Rock Creek at 85 feet, 685.2 feet to an X on a rock,"

"thence south 41Ą03'00' West 465.5 feet to an X on a rock,"

"thence South 24Ą22'00' West, passing the mouth of Nichols Cove branch at 140 feet, 622.8 feet to an X on a rock,"

"thence South 6Ą35'30' West 275.5 feet to an X on a rock,"

"thence South 26Ą39'00' West 518.0 feet to an X on a rock,"

"thence South 1Ą58'00' East 507.5 feet to an X on a rock at the Panther Den,"

"thence South 58Ą02'00' West 276.7 feet to an X on a rock,"

"thence South 39Ą07'30' West 135.6 feet to an X on a rock,"

"thence South 82Ą52'30' West 287.2 feet to an X on a rock,"

"thence North 56Ą19'30' West 335.0 feet to an X on a rock,"

"thence North 52Ą35'30' West 304.0 feet to an X on a rock,"

"thence South 84Ą13'30' West 281.8 feet to an X on a rock,"

"thence South 43Ą16'30' West 254.8 feet to an X on a rock,"

"thence South 9Ą07'00' East 154.4 feet to an X on a rock, "

Page 240 U. S. 658

"thence South 36Ą44'00' East 179.6 feet to an X on a rock,"

"thence South 14Ą15'00' West 173.4 feet to an X on a rock,"

"thence North 86Ą45'30' West 322.0 feet to an X on a rock,"

"thence North 71Ą16'00' West 251.4 feet to an X on a rock,"

"thence North 17Ą05'30' West 405.2 feet to an X on a rock,"

"thence North 68Ą35'00' West 329.5 feet to an X on a rock,"

"thence South 43Ą09'00' West 207.3 feet to an X on a rock,"

"thence South 23Ą56'30' West 369.9 feet to an X on a rock,"

"thence South 44Ą30'30' West 82.0 feet to an X on a rock,"

"thence South 4Ą47'00' West 425.1 feet to an X on a rock,"

"thence South 8Ą51'00' East 129.6 feet to an X on a rock,"

"thence South 53Ą26'00' West 599.4 feet to an X on a rock,"

"thence South 2Ą30'00' East 254.6 feet to an X on a rock,"

"thence South 16Ą07'30' East 168.6 feet to an X on a rock,"

"thence South 35Ą12'00' West 370.0 feet to an X on a rock,"

"thence North 67Ą59'30' West 393.4 feet to an X on a rock at the mouth of a small branch,"

"thence South 14Ą36'30' West 494.0 feet to an X on a rock,"

"thence South 70Ą54'00' West 160.5 feet to an X on a rock,"

"thence North 66Ą12'00' West 561.2 feet to an X on a rock,"

"thence South 68Ą50'00' West 197.3 feet to an X on a rock,"

"thence South 18Ą18'30' West 350.1 feet to an X on a rock,"

"thence South 45Ą16'30' East 241.9 feet to an X on a rock,"

"thence South 50Ą11'30' East 281.8 feet to an X on a rock,"

"thence South 43Ą40'30' West 316.2 feet to an X on a rock,"

"thence South 11Ą19'30' West 238.6 feet to a stake,"

"thence North 83Ą33'30' East 314.4 feet to an X on a rock,"

"thence South 0Ą44'00' East 193.8 feet to an X on a rock at the mouth of a small branch,"

"thence South 34Ą02'30' West 240.0 feet to an X on a rock,"

"thence South 11Ą40'00' East 206.7 feet to an X on a rock,"

"thence South 40Ą51'00' West 539.3 feet to an X on a rock,"

"thence South 10Ą18'30' East passing the foot of falls at 198 feet, 247.6 feet to an X on a rock"

"thence South 73Ą41'00' East 134.2 feet on a rock"

"thence South 73Ą41' 00' East 134.2 feet to an X on a rock in the falls, "

Page 240 U. S. 659

"thence South 12Ą37'00' West 262.6 feet to an X on a rock in the falls,"

"thence South 11Ą28'30' East passing the top of falls at 20 feet, 224.2 feet to an X on a rock,"

"thence South 23Ą21'30' West 578.6 feet to an X on a rock,"

"thence South 48Ą36'30' West 428.6 feet to an X on a rock,"

"thence South 10Ą43'30' East 217.3 feet to a Large Boulder on the West bank of Slick Rock Creek near the mouth of Big Stack Gap branch, and at the point of a ridge leading to the Big Fodderstack Mountain and near tree No. 46. This Boulder is 6 feet wide, 10 feet long, and 5 feet high. On it we cut an X, and on the southeast side of the X we cut N.C. on the northwest side, TENN. on the southwest side 1915, and on the northeast side 335+24.9, it being 33,524.9 feet from Monument Mo. 1. This is Monument No. 5."

"Thence up said ridge leading to the Big Fodderstack Mountain South 2Ą45'00' West 148.6 feet to a stake,"

"thence South 26Ą58'30' West 751.1 feet to a stake,"

"thence North 72Ą59'00' West 468.9 feet to a stake,"

"thence South 72Ą41'00' West 532.8 feet to a stake,"

"thence South 35Ą01'30' West 156.7 feet to a stake,"

"thence South 13Ą04'00' West 487.0 feet to a stake,"

"thence South 52Ą34'00' West 866.6 feet to a stake,"

"thence South 14Ą01'00' West 51.4 feet to a stake,"

"thence South 45Ą19'00' West 127.7 feet to a stake,"

"thence South 62Ą42'30' West 526.8 feet to a stake,"

"thence South 30Ą39'00' West 181.8 feet to a stake,"

"thence South 29Ą50'30' West 337.4 feet to a stake,"

"thence South 62Ą54'30' West 358.3 feet to a stake,"

"thence South 9Ą05'30' West 177.0 feet to a stake,"

"thence South 37Ą07'30' West 164.0 feet to a stake,"

"thence South 26Ą04'30' West 302.7 feet to a stake,"

"thence South 29Ą15'00' West 335.0 feet to a stake,"

"thence South 42Ą23'00' West 104.0 feet to a stake,"

"thence South 58Ą23'00' West 814.0 feet to a stake, "

Page 240 U. S. 660

"thence South 78Ą59'00' West 510.6 feet to a stake,"

"thence North 73Ą26'00' West 559.6 feet to a stake,"

"thence North 53Ą08'00' West 261.1 feet to a stake,"

"thence South 86Ą21'00' West 279.8 feet to a stake,"

"thence South 75Ą19'00' West 147.0 feet to a stake,"

"thence North 86Ą57'00' West 207.4 feet to a stake,"

"thence South 60Ą01'00' West 342.8 feet to the top of the Big Fodderstack Mountain where we set Monument No. 6. A Stone 5 inches thick, 14 inches wide and 18 inches high, and on it we cut on the southeast side N.C. 427+25.0 D.B.B. W., D.H.J., H.P., on the northwest side, TENN. 1915, and an X in the top. This stone stands 42,725 feet from Monument No. 1. Thence along Big Fodderstack Mountain with its meanders and with the lines of D.B. Burn's former survey South 14Ą29'30' East 138.1 feet to a stake, thence South 8Ą53'30' East 541.4 feet to a stake, thence South 28Ą15'30' East passing Harrison Gap at 1196 feet, 1323.2 feet to a stake,"

"thence South 11Ą12'30' West 810.8 feet to a stake,"

"thence South 34Ą50'00' East 510.7 feet to a stake,"

"thence South 29Ą38'00' East 167.8 feet to a stake"

"thence South 23Ą20'00' East 1063.0 feet to a stake,"

"thence South 41Ą18'30' East 311.1 feet to a stake on the Rock Stack,"

"thence South 60Ą38'30' East 354.6 feet to a stake,"

"thence South 83Ą22'00' East 453.3 feet to a stake,"

"thence South 60Ą02'00' East 489.4 feet to a stake,"

"thence South 37Ą57'30' East 206.9 feet to a stake, on the top of a very high knob,"

"thence South 10Ą09'30' East 574.5 feet to a stake,"

"thence South 9Ą05'30' East 586.2 feet to a stake,"

"thence South 21Ą34'00' East 195.3 feet to a stake,"

"thence South 2Ą41'00' East 444.7 feet to Monument No. 7, a Stone 5 inches thick, 10 inches wide, and 18 inches high, and cut an X in the top of it. On the east side we

Page 240 U. S. 661

inscribed N.C. 1915 and on the West side TENN. 508+96. This Stone stands in the Glen Gap, and is 50,896 feet from Monument No. 1. Continuing on same course 228.9 feet to a stake, thence South 47Ą50'30' East 334.7 feet to a stake,"

"thence North 82Ą05'30' East 150.7 feet to a stake,"

"thence North 80Ą40'30' East 252.8 feet to a stake,"

"thence South 67Ą14'30' East 651.0 feet to a stake,"

"thence South 40Ą33'00' East 133.9 feet to a stake on the Chestnut Knob,"

"thence South 5Ą27'00' East 301.1 feet to a stake,"

"thence South 20Ą29'00' West 433.5 feet to a stake,"

"thence South 33Ą45'30' West 352.4 feet to a stake,"

"thence South 33Ą52'00' West 450.5 feet to a stake,"

"thence South 26Ą05'00' West 205.2 feet to a stake,"

"thence South 6Ą21'30' West 60.7 feet to a stake,"

"thence South 17Ą37'30' West 515.8 feet to a stake,"

"thence South 13Ą56'00' West 139.0 feet to a stake,"

"thence South 21Ą45'00' East 325.2 feet to a stake,"

"thence South 42Ą15'00' East 324.9 feet to a stake,"

"thence South 40Ą47'30' East 327.4 feet to a stake, in the Denton Gap,"

"thence South 7Ą15'30' East 335.1 feet to a stake,"

"thence South 22Ą31'30' West 176.7 feet to a stake,"

"thence South 14Ą59'30' East 563.9 feet to a stake,"

"thence South 14Ą33'00' East 355.5 feet to a stake, in the Cherry Log Gap,"

"thence South 4Ą38'00' East 487.5 feet to a stake,"

"thence South 0Ą16'00' East 71.3 feet to a stake,"

"thence South 4Ą01'30' East 89.4 feet to a stake,"

"thence South 16Ą01'00' West 210.3 feet to a stake,"

"thence South 0Ą30'00' West 326.6 feet to a stake,"

"thence South 5Ą30'30' West 819.4 feet to a stake,"

"thence South 40Ą32'00' East 262.5 feet to a stake,"

"thence South 41Ą19'00' East 343.9 feet to a stake,"

"thence South 29Ą48'00' West 14.9 feet to a Large Boulder

Page 240 U. S. 662

on the Stratton Bald Mountain at its Junction with Big Fodderstack Mountain and at the point where the two lines of contention join. This Boulder is Monument No. 8, and is 3 feet wide at its base, 10 feet long and 3 feet high. On the top of this Boulder, we cut an X on the southeast side N.C. 601+40.7, and on the northwest side TENN. 1915. This Boulder stands 60,140.7 feet from Monument no. 1, thence along the top of the main ridge that divides the waters of Citico Creek, North Fork of Tellico River and Sycamore Creek from the waters of Santeetlah and Snowbird Creeks, as follows:"

"thence South 73Ą34'00' West 194.0 feet to a stake,"

"thence South 50Ą34'30' West 393.6 feet to a stake,"

"thence South 52Ą49'30' West 84.0 feet to a stake,"

"thence South 50Ą55'30' West 178.0 feet to a stake,"

"thence South 31Ą43'30' West 301.0 feet to a stake,"

"thence South 32Ą02'30' West 1575.8 feet to a stake,"

"thence South 48Ą45'30' West 631.2 feet to a stake,"

"thence South 24Ą54'30' West 113.5 feet to a stake,"

"thence South 25Ą23'30' West 581.5 feet to a stake,"

"thence South 34Ą27'30' West 502.0 feet to a stake,"

"thence South 31Ą55'30' West 143.2 feet to a stake,"

"thence South 35Ą18'00' West 364.8 feet to a stake,"

"thence South 35Ą39'00' West 623.6 feet to a stake,"

"thence South 8Ą58'30' West 480.4 feet to a stake,"

"thence South 40Ą20'00' West 523.0 feet to a stake,"

"thence South 59Ą35'00' West 768.0 feet to a stake,"

"thence South 12Ą45'00' West crossing the Tellico Trail at 297 feet, on top of the Strawberry Knob, 639.3 feet to a stake,"

"thence South 71Ą42'30' West 591.7 feet to a stake,"

"thence South 86Ą36'30' West 209.3 feet to a stake,"

"thence South 68Ą49'30' West 477.7 feet to a stake,"

"thence North 71Ą42'00' West 332.5 feet to a stake,"

"thence South 79Ą01'00' West 362.8 feet to a stake,"

"thence South 70Ą57'00' West 412.4 feet to a stake, "

Page 240 U. S. 663

"thence South 73Ą39'00' West 383.9 feet to a stake at Rock Stop Bear stand,"

"thence South 28Ą26'00' West 389.1 feet to a stake,"

"thence South 45Ą42'00' West 281.3 feet to a stake,"

"thence South 72Ą20'30' West 490.3 feet to a stake,"

"thence South 73Ą31'30' West 352.7 feet to a stake,"

"thence South 72Ą44'30' West 227.3 feet to a stake,"

"thence South 25Ą09'00' West 208.0 feet to a stake,"

"thence South 26Ą31'00' West 598.7 feet to a stake, in Beech Gap,"

"thence South 11 01'00' West 269.0 feet to a stake,"

"thence South 50Ą51'30' East 403.0 feet to a stake,"

"thence South 35Ą55'30' East 161.0 feet to a stake,"

"thence South 36Ą36'30' East 369.0 feet to a stake,"

"thence South 32Ą28'30' East 1272.4 feet to a stake,"

"thence South 36Ą24'00' West 142.9 feet to a stake,"

"thence South 37Ą42'30' West 391.9 feet to a stake,"

"thence South 47Ą53'00' West 292.8 feet to a stake,"

"thence South 12Ą09'30' West 668.7 feet to a stake,"

"thence South 0Ą58'00' West 631.3 feet to a stake,"

"thence South 76Ą29'00' East 586.4 feet to a stake,"

"thence North 75Ą12'00' East 187.6 feet to a stake,"

"thence South 81Ą49'00' East 431.4 feet to a stake,"

"thence South 66Ą09'30' East passing Stratton's Grave on the crest of the mountain at 148 feet, 245.4 feet to a stake,"

"thence South 25Ą50'30' East passing the John Meadows Gap at 168 feet, 688.4 feet to a stake,"

"thence South 19Ą13'00' East 283.7 feet to a stake,"

"thence South 22Ą35'30' East 490.5 feet to a stake,"

"thence South 25Ą04'30' East 144.0 feet to a stake,"

"thence South 18Ą23'30' West 785.0 feet to a stake, on the top of John Knob,"

"thence South 39Ą58'00' West 148.4 feet to a stake,"

"thence South 38Ą22'00' West 147.6 feet to a stake,"

"thence South 48Ą28'00' West 434.0 feet to a stake, "

Page 240 U. S. 664

"thence South 15Ą49'00' West 746.6 feet to a stake,"

"thence South 5Ą26'00' West 341.0 feet to a stake,"

"thence South 2Ą47'00' East 583.4 feet to a stake,"

"thence South 17Ą49'00' West 371.0 feet to a stake,"

"thence South 20Ą38'00' West 290.0 feet to a stake,"

"thence South 19Ą42'30' West 384.6 feet to a stake,"

"thence South 20Ą37'30' West 317.9 feet to a stake,"

"thence South 12Ą47'00' East 312.9 feet to a stake,"

"thence South 25Ą10'00' West 515.6 feet to a stake,"

"thence South 17Ą15'00' West 248.3 feet to a stake,"

"thence South 22Ą53'00' West 284.5 feet to a stake,"

"thence South 18Ą25'00' West 514.2 feet to a stake,"

"thence South 1Ą00'00' East 673.6 feet to the top of Little Haw Knob,"

"thence South 11Ą31'30' West 370.2 feet to a stake,"

"thence South 15Ą43'30' East 502.2 feet to a stake,"

"thence South 30Ą35'30' East passing McClelland's mile stone marked N.C. 78 at 303 feet, 346.8 feet to a stake,"

"thence South 54Ą38'30' East 243.6 feet to a stake,"

"thence South 67Ą13'30' East 344.6 feet to a stake,"

"thence South 79Ą08'30' East 593.5 feet to a stake,"

"thence South 83Ą36'00' East 355.5 feet to a stake,"

"thence South 86Ą36'30' East 392.5 feet to a stake,"

"thence South 62Ą04'30' East 735.5 feet to a stake, on the top of Haw Knob,"

"thence South 6Ą04'30' East 362.7 feet to a stake,"

"thence South 1Ą04'30' East 193.1 feet to a stake,"

"thence South 4Ą36'30' West 321.7 feet to a stake,"

"thence South 9Ą31'30' East 325.5 feet to a stake,"

"thence South 32Ą29'30' East 121.0 feet to a stake,"

"thence South 49Ą34'00' East 478.3 feet to a stake,"

"thence South 37Ą48'00' East 343.1 feet to a stake,"

"thence South 24Ą19'00' East 713.6 feet to a stake,"

"thence South 66Ą03'30' East 205.3 feet to a stake,"

"thence South 57Ą47'30' East 283.7 feet to a stake,"

"thence South 71Ą16'00' East 223.8 feet to a stake, "

Page 240 U. S. 665

"thence South 5Ą23'00' West 111.2 feet to a stake,"

"thence South 30Ą09'00' West 395.0 feet to a stake,"

"thence South 40 45'00' West 607.0 feet to a stake,"

"thence South 21Ą14'00' West 225.0 feet to a stake,"

"thence South 6Ą33'00' West 170.0 feet to a stake, at northwest end of Laurel Top,"

"thence South 21Ą25'30' East 465.4 feet to a stake, at southeast end of Laurel Top,"

"thence South 36Ą34'00' West 296.4 feet to a stake,"

"thence South 45Ą12'30' West 1101.9 feet to a stake,"

"thence South 44Ą59'30' West 178.3 feet to a stake,"

"thence South 65Ą52'30' West 140.5 feet to a stake, on the top of Lebo Knob,"

"thence South 46Ą01'30' West 106.8 feet to a stake,"

"thence South 60Ą33'00' West 450.3 feet to a Rock Ledge projecting out of the ground 2 feet high, 5 feet long and 1 foot thick and marked"

" I "

" C. Co. I G. Co."

" I "

"This is the place known as the County Corners, and we used this rock for Monument No. 9, and on the top of it we cut an X on the southeast face N.C. 1915 and on the northwest face TENN. 1003+90.0. This Stone is 100,390 feet from Monument No. 1, and is the point at which the lines of contention diverge; thence down the State Ridge as it meanders South 51Ą21'00' West passing the Hog Jaw Gap at 535 feet, 831.1 feet to a stake,"

"thence South 55Ą29'30' West 311.4 feet to a stake,"

"thence South 42Ą13'00' West 244.0 feet to a stake,"

"thence South 72Ą04'00' West 337.5 feet to a stake,"

"thence North 81Ą54'00' West 47.7 feet to a stake, top of Grassy Top,"

"thence South 60Ą51'00' West 71.7 feet to the Junction of the State Ridge and Rough Ridge, known as Little Junction,"

"thence South 66Ą21'00' West 137.0 feet to a stake, "

Page 240 U. S. 666

"thence South 24Ą14'30' West 271.1 feet to a stake,"

"thence South 21Ą39'00' West 351.4 feet to a stake,"

"thence South 30Ą51'30' West 412.4 feet to a stake,"

"thence South 23Ą40'00' West 236.2 feet to a stake,"

"thence South 34Ą11'30' West 676.9 feet to a stake,"

"thence South 14Ą08'00' West 1426.2 feet to a stake,"

"thence South 40Ą10'30' West 528.9 feet to a stake,"

"thence South 51Ą27'30' West 602.6 feet to a stake,"

"thence South 28Ą34'30' West 202.6 feet to a stake,"

"thence South 56Ą01'00' West 498.7 feet to a stake,"

"thence South 45Ą39'00' West 642.2 feet to a stake,"

"thence South 15Ą10'00' West 370.1 feet to a stake,"

"thence South 63Ą56'30' West 260.3 feet to a stake,"

"thence North 89Ą 04'30' West 257.1 feet to a stake,"

"thence South 58Ą56'30' West 241.5 feet to a stake,"

"thence South 83Ą58'30' West 431.8 feet to a stake,"

"thence South 38Ą50'30' West 700.1 feet to a stake,"

"thence South 32Ą17'00' West 331.7 feet to a stake,"

"thence South 10Ą32'00' East 399.1 feet to a stake,"

"thence South 37Ą30'00' West 179.5 feet to a stake,"

"thence South 58Ą29'00' West 358.5 feet to Red Log Gap, where we set a Stone 5 inches thick, 7 inches wide, and 18 inches high, and on top of it we cut an X on the southeast side N.C. 1915, on the northwest side, TENN., and on the northeast side 1122+00. This stone stands 112,200 feet from Monument No. 1, and is Monument No. 10."

"thence South 57Ą29'00' West 140.6 feet to a stake,"

"thence South 46Ą20'00' West 453.6 feet to a stake,"

"thence South 83Ą13'00' West 542.9 feet to a stake,"

"thence South 52Ą58'30' West 561.6 feet to a stake,"

"thence North 81Ą00'30' West 394.8 feet to a stake,"

"thence South 70Ą42'00' West 547.2 feet to a stake,"

"thence South 83Ą55'30' West 414.5 feet to a stake,"

"thence South 70Ą39'00' West 406.1 feet to McClelland's mile Rock, a large Boulder over one end of which a tree has grown, said Rock is marked N.C. "

Page 240 U. S. 667

"thence South 57Ą47'00' West 498.5 feet to a stake,"

"thence South 61Ą51'30' West 334.7 feet to a stake,"

"thence South 59Ą58'00' West 361.9 feet to a stake,"

"thence South 77Ą15'30' West 243.5 feet to a stake,"

"thence South 65Ą56'00' West 384.4 feet to a stake,"

"thence South 88Ą22'00' West 132.0 feet to a stake,"

"thence South 56Ą16'00' West 241.6 feet to a stake,"

"thence North 63Ą43'30' West 133.6 feet to a stake,"

"thence South 56Ą05'00' West 474.4 feet to a stake,"

"thence North 81Ą30'30' West 303.0 feet to a stake,"

"thence South 79Ą04'30' West 501.0 feet to a stake,"

"thence South 57Ą56'00' West 615.6 feet to a stake,"

"thence South 79Ą41'30' West 411.1 feet to a stake,"

"thence South 69Ą40'00' West 153.7 feet to a stake,"

"thence South 51Ą32'30' West 378.4 feet to a stake,"

"thence South 72Ą12'00' West 232.4 feet to Monument No. 11 -- a Stone 6 inches thick, 14 inches wide, and 18 inches high. On the top of it we cut an X on the southeast side, N.C. on the southwest side, 1915 on the northwest side, TENN. on the northeast side, 1210+69.0"

"This Stone stands 121,069 feet from Monument No. 1 and 61 feet from the northeast bank of Tellico River, thence crossing Tellico River South 50Ą44'30' West 138.0 feet to a stake,"

"thence South 36Ą48'30' West 107.7 feet to a stake,"

"thence South 43Ą47'30' West 81.9 feet to a stake,"

"thence South 30Ą17'30' West 120.1 feet to a stake,"

"thence South 35Ą52'30' West 202.1 feet to a stake,"

"thence South 48Ą47'00' West passing the 86 Mile Tree, an 18- inch holly marked 86 M at 95 feet, 131.7 feet to a stake,"

"thence South 35Ą26'00' West 396.4 feet to a stake,"

"thence South 17Ą33'30' West 147.4 feet to a stake,"

"thence South 34Ą03'30' East 439.7 feet to a stake,"

"thence South 10Ą32'00' East 242.5 feet to a stake,"

"thence South 46Ą26'00' West 415.3 feet to a stake,"

"thence South 87Ą32'00' West 286.3 feet to a stake, "

Page 240 U. S. 668

"thence South 70Ą18'00' West 354.0 feet to a stake,"

"thence South 35Ą37'30' West 431.3 feet to a stake,"

"thence South 58Ą28'00' West 472.4 feet to a stake,"

"thence South 5Ą00'30' West 293.4 feet to a stake,"

"thence South 75Ą17'30' West 584.3 feet to a stake,"

"thence South 24Ą37'30' West 357.1 feet to a stake,"

"thence South 74Ą21'30' West 309.8 feet to a stake,"

"thence South 21Ą48'30' West 445.6 feet to a stake,"

"thence South 39Ą11'00' West 460.3 feet to a stake,"

"thence South 64Ą02'00' West 261.5 feet to the top of Jenks Knob at the point where the two lines of contention join. Here we set up Monument No. 12 -- a Stone 4 inches thick, 8 inches wide and 18 inches high on top of which we cut an X on the southeast side N.C. on the southwest side 1915 on the northwest side TENN., and on the northeast side 1277+48.2. This Stone stands 127,748.2 feet from Monument No. 1 and at the end of the contention in this cause."

"Signed this the 20th day of October, 1915."

"(Signed) D. B. Burns."

"(Signed) W. D. Hale."

"(Signed) Joseph Hyde Pratt, Chairman."

On consideration whereof,

It is now here ordered, adjudged, and decreed by this Court that the real, certain, and true boundary line between the States of North Carolina and Tennessee between said certain points is as delineated in the said report and on the map attached thereto and made a part hereof.

It is further ordered, adjudged, and decreed that each party pay one half of the costs in this case.




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