240 U.S. 652 60 L. Ed. 847 36 S. Ct. 604 1916 U.S. LEXIS 1496 SCDB 1915-145

STATE OF NORTH CAROLINA v. STATE OF TENNESSEE.

IN EQUITY.

No. 4,

Original.

Decree; entered April 3, 1916.

Decree embodying report of Comissioners 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. 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 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,
*654thence 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
*655thence South 52 44' 30" West 390 feet to a stake,
thence South 17 48' 30" East 590 feet to the top of Lone Pine Knob,
thence North 73 47' 30" West 380 feet to a stake,
thence South 76 27' 30" West 610 feet to a stake,
thence South 66 20' 30" West 450 feet to a stake,
thence South 15 07' 30" West 350 feet to a stake,
thence' South 59 33' 30" West 680 feet to a stake,
thence North 67 51' 30" West 470 feet to a stake,
thence South 49 24' 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, where 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 a 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 79 11' 00" West 135 feet to the river bank, thence down the river on the north bank North 38 27'
30" West 285 feet to a stake,
thence North 26 43' 00" West 295 feet to a stake,
thence North 22 18' 30" West 385 feet to a stake,
thence North 56 42' 00" West, passing the stump of tree No. 30 at 259 feet, 619 feet,to a stake,
thence North 78 55' 30" West 361 feet to a stake,
thence North 78 50' 00" West 242 feet to a stake,
thence South 85 11' 00" West 372.2 feet to a stake,
thence South 76 29' 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 on1 it we cut a 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
*656South 54 38' 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 a 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 30' 13' 00" East 209.3 feet to a X on a rock,
24' 00" West 494 feet to a X on a rock, thence South 7
17' 00" East 630 feet to a X on a rock, thence South 4
26' 00" West 360.7 feet to a X on a rock, thence South 33
21'.00" West 505.7 feet to a X on a rock, thence South 60
36' 30" East 427.6 feet to a X on a rock, thence South 02
33' 30" East 305.6 feet to a X on a rock, thenc^ South 21 near Ravens Den,
thence North 82 29' 30" West 640.4 feet to a X on a rock,
thence South 87 14' 30" West 173.5 feet to a X on a rock,
thence South 19 21' 30" West 273.3 feet to a X on a rock,
36' 30" East 171.0 feet to a X on a rock, thence South 39
45' 00" East 320.3 feet to a X on a rock, thence South 70
28' 00" East 177.9 feet to a X on a rock, thence South 25
39' 30" West 289.0-feet to a X on a rock, thence South 21
17' 30" West 728.4 feet to a X on a rock, thence North 59
36' 30" West 858.0 feet to a X on a rock, thence South 88
01' 30" West 481.6 feet to a X on a rock, thence North 70
27' 30" West 413.0 feet to a X on a rock, thence South 50
19' 00" West 320.0 feet to a X on a rock, thence South 3 at top of lower falls,
thence South 47 27' 00" East 464.0 feet to a X on a rock,
thence South 47. 15' 00" West 113.9 feet to a X on a rock,
thence North 82 52' 00" West 531.4 feet to a X on a rock,
thence South 38 42' 00" West 172.7 feet to a X on a rock,
thence South 14 09' 00" East 534.6. feet to a X on a rock,
thence South 5 09' 30" West 798.9 feet to a X on a rock,
*657thence South 12 20' 30" East 257.7 feet to a X on a rock,
thence South 38 02' 30" East 291.8 feet to a X on a rock,
thehce South 37 20' 30" West 236.0 feet to a X on a rock, near the mouth of Slick Rock Gap branch,
thence North 57 33' 30" West 485.5 feet to a X on a rock,
thence North 85 41' 30" West 432.3 feet to a X on a rock,
thence South 17 13' 00" West 432.3 feet to a X on 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. Oh it we cut a X and cut N. C. on the southeast side, TENN. oh 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 23 40' 30" West 189.9 feet to a X on a rock, thence North 75 04' 30" West. 279.3 feet to a X on a rock, thence North 47 01' 30" West 870.5 feet to a X on a rock, thence North'72 23' 00" West 320.5 feet to a stake, thence South 19 '47' 30" West, passing the mouth of Little . Slick Rock Creek at 85 feet, 685.2 feet to a X on a rock,, thence South 41 03' 00" West.465.5 feet to a X on'a rock, thence South 24 22' 00" West, passing the mouth of Nichols Cove Branch at 140 feet, 622.8 feet to a X on a rockj
thence South 6 35' 30" West'275.5 feet to a X on a rock,
thence South 26 39' 00" West 518.0 feet to a X on a rock,
thence South 1 58' 00" East 507.5 feet to a X on a rock at the Panther Den,
thence South 58 02' 00" West 276.7 feet to a X on a rock,
thence South 39 07' 30" West 135.6 feet to a X on a; rock,
thence South 82 52' 30" West 287.2 feet to a X on a rock,
thence North 56 19' 30" West 335.0 feet to a X on a rock,
thence North 52 35' 30" West 304.0 feet to a X on a rock,
thence South 84 13' 30" West 281.8 feet to a X on a rock,
thence S®uth 43 16' 30" West 254.8 feet to alona rock,
thence.South 9 07'00" East 154.4 feet to a X on a rock,
*658thence South 36 44' 00" East 179.6 feet to a X on a rock,
thence South 14 15' 00" West 173.4 feet to a X on a rock,
thence North 86 45' 30" West 322.0 feet to a X on a rock,
thence North 71 16' 00" West 251.4 feet to a X on a rock,
thence North 17 05' 30" West 405.2 feet to a X on a'rock,
thence North 68 35' 00" West 329.5 feet to a X on a rock,
thence South 43 09' 00" West 207.3 feet to a X on a rock,
thence South 23 56' 30" West 369.9 feet to a X on a-rock,
thence South 44 30' 30" West 82.0 feet to a X on a rock,
thence South- 4 47' 00" West 425.1 feet to a X on a rock,
thence South 8 51' 00" East 129.6 feet to a X on a rock,
thence South 53 26' Otf" West 599.4 feet to a X on a rock,
thence South 2 30' 00" East 254.6 feet to a X on a rock,
thence South 16 07' 30" East 168.6 feet to a X on a rock,
thence South 35 12' 00" West 370.0 feet to a X on a rock,
thence North 67 59' 30" West 393.4 feet to a X on a rock at the mouth of a small branch,
thence South 14 36' 30" West 494.0 feet to a X on a rock,
thence South 70. 54' 00" West 160.5 feet to a X on a rock,
thence North 66 12' 00" West 561.2 feet to a X on a rock,
thence South 68 50' 00" West 197.3 feet to a X on a rock,
thence South 18 18'.30" West 350.1 feet to a X on a rock,
thence South 45 16' 30" East 241.9 feet to a X on a rock,
thence South 50 11' 30" East 281.8 feet to a X on a rock,
thence South 43 40' 30" West 316.2 feet to a X on a rock,
thence South 11 19' 30" West 238.6 feet to a stake,
thence North 83 33' 30" East 314.4 feet to a X on a rock, thence South ' 0 44' 00" East 193.8 feet to a X on a rock at the mouth of a small branch,
thence South 34 02' 30" West 240.0 feet to a X on a rock, thence South 11 40' 00" East 206.7 feet to a X on a rock, thence South 40 51' 00" West 539.3 feet to a X on a rock, thence South 10 18' 30" East, passing the foot of falls at 198 feet, 247.6 feet to a X on a rock, thence South 73 41' 00" East 134.2 feet to a X on a rock in the falls,

*659thence South 12 37' 00" West 262.6 feet to a X on a rock in the falls,

thence South 11 28' 30" East, passing the top of falls at 20 feet, 224.2 feet to a X on a rock, thence South 23 21' 30" West 578.6 feet to a X on a rock, thence South 48 36' 30" West 428.6 feet to a X on a rock, thence South 10 43' 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 a 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 No. 1. This is Monument No. 5.

Thence up said ridge leading to the Big Fodderstack Mountain South 2 45' 00" West 148.6 feet .to a stake, thence South 26 58' 30" West 751.1 feet to a stake, thence North 72 59' 00" West 468.9 feet to a stake, thence South 72 41' 00" West 532.8 feet to a stake, thence South 35 01' 30" West 156.7 feet to a stake, thence South 13 04' 00" West 487.0 feet to a stake, thence South 52 34' 00" West 866.6 feet to a stake, thence South 14 01' 00" West 51.4 feet to a stake, thence South 45 19' 00" West 127.7 feet to a stake, thence South 62 42' 30" West 526.8 feet to a stake, thence South 30 39' 00" West 181.8 feet to a stake, thence South 29 50' 30" West 337.4 feet to a stake, thence South 62 54' 30" West 358.3 feet to a stake, thence South 9 05' 30" West 177.0 feet to a stake, thence South 37 07' 30" West 164.0 feet to a stake, thence South 26 04' 30" West 302.7 feet to a stake, thence South 29 15' 00" West 335.0 feet to a stake, thence South 42 23' 00" West 104.0 feet to a stake, thence South 58 23' 00"- West 814.0 feet to a stake,

*660thence South 78 59' 00" West 510.6 feet to a stake,
thence North 73 26' 00" West 559.6 feet to a stake,
thence North 53 08' 00" West 261.1 feet to a stake,
thence South 86 21' 00" West 279.8 feet to a stake,
thence South 75 19' 00" West 147.0 feet to a stake,
thence North 86 thence South 60 57' 00" West 207.4 feet to a stake, 01' 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.T., on the northwest side TENN., T915, and a 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 14 29' 30" East 138.1 feet to a stake,
thence South 8 53' 30" East 541.4 feet to a stake,
thence South 28 15' 30" East, passing Harrison Gap at 1196 feet, 1323.2 feet to a stake,
thence South 11 12' 30" West 810.8 feet to a stake,
50' 00" East 510.7 feet to a stake, thence South 34
38' 00" East 167.8 feet to a stake, 20' 00" East 1063..0 feet to a stake, 18' 30" East 311.Í feet to a stake on the thence South 29 thence South 23 thence South 41 Rock Stack,
thence South 60 38' 30" East 354.6 feet to a stake,
thence South 83 22' 00" East 453.3 feet-to a stake,
thence South 60 02' 00" East 489.4 feét to a stake,
thence South 37 57' 30" East 206.9 feet to a stake, on the
top of a very high knob,'
thence South 10 09' 30" East 574.5 feet to a stake,
thence South 9 05' 30" East 586.2 feet to a stake,
thence South 21 34' 00" East 195.3 feet to a stake,
thence South 2 41' 00" East 444.7 feet to Monument
No. 7 — a stone 5 inches thick, 10 inches wide and 18 inches high. We cut a X in the top of it; On the east side we *661inscribed 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 47 50' 30" East 334.7 feet to a stake,
thence North 82 05' 30" East 150.7 feet to a stake,
thence North 80 40' 30" East 252.8 feet'to a stake,
thence South 67 14' 30" East 651.0 feet to a stake,
thence South 40 33' 00" East 133.9 feet to a stake on the Chestnut Knob,
thence South 5 27' 00" East 301.1 feet to a stake,
thence South 20 29' 00" West 433.5 feet to a stake,
thence South 33 45' 30" West 352.4 feet to a stake,
thence South 33 52' 00" West 450.5 feet to a stake,
thence South 26 05'- 00" West 205.2 feet to a stake,
thence South . 6 21' 30" West 60.7 feét to a stake,
thence South 17 37' 30" West 515.8 feet to a stake,
thence South 13 56' 00" West 139.0 feet to a stake,
thence South 21 45' 00" East 325.2 feet to a stake,
thence South 42 15' 00" East 324.9 feet to a stake,
thence South 40 47' 30" East 327.4 feet to a stake in the Denton Gap,
thence South 7 15' 30" East 335.1 feet to a stake,
thence South 22 31' 30" West 176.7 feet to a stake,
thence South 14 59' 30". East 563.9 feet to a stake,
thence South 14 33' 00" East 355.5 feet to a stake in the Cherry Log Gap,
thence South -4 38' 00" East 487.5 feet to a stake,
thence South 0 16' 00" East 71.3 feet to. a stake, thence South 4 01' 30" East 89.4 feet to a stake,
thence South 16 01' 00" West 210.3 feet to á stake,
thence South 0 30' 00" West 326.6 feet to a stake,
thence South 5! 30' 30" West 819.4 feet to a stake,
thence South 40 32' 00" East 262.5 feet to a stake,
thence South 41 19' 00" East 343.9 feet to a stake,
thence South 29 48' 00" West 14.9 feet to a large boulder *662on 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 a 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 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 Santeelah and Snowbird creeks, as follows:
thence South 73 34' 00" West 194.0 feet to a stake,
34' 30" West 393.6 feet to a stake, thence South 50
49' 30" West 84.0 feet to a stake, thence South 52
55' 30" West 178.0 feet to a stake, thence South 50
43' 30" West 301.0 feet to a stake, thence South 31
02' 30" West 1575.8 feet to a stake, thence South 32
45' 30" West 631.2 feet to a stake, thence South 48
West 1Í3.5 feet to a stake, thence South 24 54' 30"
West 581.5 feet to a stake, thence South 25 23' 30"
West 502.0 feet to a stake, thence South 34 27' 30"
West 143.2 feet to a stake, thence South 31 55' 30"
West 364.8 feet to a stake, thence South 35 18' 00"
West 623.6 feet to a stake, thence South 35 39' 00"
West 480.4 feet to a stake, thence South 8 58' 30"
West 523.0 feet to a stake, thence South 40 20' 00"
West 768.0 feet to a stake, thence South 59 35' 00"
thence South 12 45' 00" West, crossing the Tellico Trail at 297 feet, on top of the Strawberry Knob, 639.3 feet to a stake,
42' 30" West 591.7 feet to a stake, thence South 71
36' 30" West 209.3 feet to a stake, thence South 86
49' 30" West 477.7 feet to a stake, thence South 68
42' 00" West 332.5 feet to a stake, thence North 71
01' 00" West 362:8 feet to a stake, thence South 79
57' 00" West 412.4 feet to a stake, thence South 70
*663thence South 73 39' 00" West 383.9 feet to a stake at Rock Stop Bear Stand,
thence South'28 26' 00" West 389.1 feet to a stake,
thence. South 45 42' 00" West 281.3 feet to a stake,
thence South 72 20'30" West 490.3 feet to a stake,
thence South 73 31' 30" West 352.7 feet to a stake,
thence South 72 44' 30" West 227.3 feet to a stake,
thence South 25 09' 00" West 208.0 feet to a stake,
thence South 26 31' 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 50 51' 30" East 403.0 feet to a stake,
thence South 35 55' 30" East 161.0 feet to a stake,
thence South 36 36' 30" East 369.0 feet to a stake,
thence South 32 28' 30" East 1272.4 feet to a stake,
thence South 36 24' 00" West ,142.9 feet to a stake,
thence South 37 42' 30" West 391.9 feet to a stake,
thence South 47 53' 00" West 292.8 feet to a stake,
thence South -12 09' 30" West 668.7 feet to a stake,
thence South 0 58' 00" West 631.3 feet to a stake,
thence South 76 29' 00" East 586.4 feet to a stake,
thence North 75 12' 00" East 187.6 feet to a stake,
thence-South 81 49' 00" East, 431.4 feet to a stake,
thence South 66 09' 30" East, passing Stratton's Grave on the crest of the mountain at 148 feet, 245.4 feet' to a stake,
thence South 25 50' 30" East, passing the John Meadows .Gap at 168 feet, 688.4 feet to a stake,.
thence South 19 13' 00" East 283.7 feet to a stake,
thence South 22 35' 30" East 490.5 feet to a stake,
thence South 25 04' 30" East 144.0 feet to a .stake,
thence South 18 23' 30" West 785.0 feet to a stake on the top of John Knob,
thence South 39 58' 00" West 148.4 feet to a stake,
thence South 38 22' 00" West 147.6 feet to a stake,
thence South 48 28' 00" West 434.0 feet to a stake,
*66449' 00" West 746.6 feet to a stake, thence South 15
26' 00" West 341.0 feet to a stake, thence South 5
47' 00" East 583.4 feet to a stake, thence South 2
West’371.0 feet to a stake, 49' 00" thence South 17
West 290.0 feet to a stake, 38' 00" thence South 20
West 384.6 feet to a stake, 42' 30" thence South 19
West 317.9 feet to a stake, 37' 30" thence South 20
East' 312.9 feet to a stake, 47' 00" thence South 12
West 515.6 feet to a stake, 10' 00" thence South 25
West 248.3 feet to. a stake, 15' 00" thence South-17
West 284.5 feet to a stake, 53' 00" thence South 22
West 514.2 feet to a stake, 25' 00" thence South 18
thence South 1 00' 00" East 673.6 feet to the top of Little Haw Knob,
thence South 11 31' 30" West 370.2 feet to a stake,
thence South 15 43' 30" East' 502.2 feet to a stake,
thence South 30 35' 30" East passiiig McClelland's mile
stone marked N. C. 78 at 303 feet, 346.8 feet to a stake,
thence South 54 38' 30" East 243.6 feet to a stake,
13' 30" East 344.6 feet to a stake, thence South 67
08' 30" East 593.5 feet to a stake, thence South 79
36' 00" East 355.5 feet to a stake, thence South 83
36' 30" East 392.5 feet to a stake, thence South 86
04' 30" East 735.5 feet to a stake, on the thence South 62 top of Haw Knob,
thence South 6 04' 30" East 362.7 feet to a stake,
thence South 1 04' 30" East 193.1 feet to a stake,
thence South 4 36' 30" West 321.7 feet to a stake,
thence South 9 11' 30" East 325.5 feet to a stake,
thence South 32 29' 30" East 121.0 feet to a stake,
thence South 49 34' 00" East 478.3 feet to a stake,
thence South 37 48' 00" East 343.1 feet to a stake,
thence South 24 19' 00" East 713.6 feet to á stake,
thence South 66 03' 30" East 205.3 feet to a stake,
thence South 57 47' 30" East 283.7 feet to’ a stake,
thence South 71 16' 00" East 223.8 feet to a stake,
*665thence South 5 23' 00" Wefet 111.2 feet to a stake,
thence South 30 09' 00" West 395.0 feet to a stake,
thence South 40 45' 00" West 607.0 feet to a stake,
thence South'21 14' 00" West 225.0 feet to a stake,
thence South 6 33' .00" West 170.0 feet to a stake, at northwest end of Laurel Top,
thence South 21 25' 30" East 465.4 feet to a stake, at southeast end of Laurel Top, .
thence South 36 34' 00" West 296.4 feet to a stake,
thence South 45 12' 30" West 1101.9 feet to a stake,
thence South 44 59' 30" West 178.3 feet to a stake,
thence South 65 52' 30" West 140.5 feet tó a Stake, on the top of Lebo Knob,
thence South 46 01' 30" West 106.8 feet to a stake,
thence South 60 33' 00" West 450.3 feet to a Rock Ledge projecting out of thé ground 2 feet high, 5 feet long and 1 foot thick and marked
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 a 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 51 21' 00" West passing the Hog Jaw Gap at 535 feet, 831.1 feet to a stake,
thence South 55 29' 30" West 311,4 feet to a stake,
thence South 42 13' 00" West 244.0 feet to a stake,
thence South 72 04' 00" West. 337.5 feet to a stake,
thence North 81 54' 00" West 47.7. feet to a stake, top of Grassy Top,
thence South 60 51' 00" West 7J.7 feet to the junction of the State Ridge and Rough Ridge, known as Little Junction, thence South 66 21' 00" West 137.0 feet to a stake;
*666thence South 24 14' 30" West 271.1 feet to a stake,
thence South 21 30' 00" West 351.4 feet to a stake,
thence South 30 51' 30" West 412.4 feet to a stake,
thence South 23 40' 00" West 236.2 feet-to a stake,
thence South 34 11' 30" West 676.9 feet to a stake,
thence South 14 08' 00" West 1426.2 feet to a stake,
thence South 40 10' 30" West 528.9 feet to a stake,
thence South 54 27' 30" West 602.6 feet to a stake,
thence South 28 34' 30" West 202.6 feet to a stake,
thence South 56 01' 00" West 498.7 feet to a stake, .
thence South 45 39' 00" West 642.2 feet to a stake,
thence South 15 10' 00",West 370.1 feet to a stake,
thence South 63 56' 30" West 260.3 feet to a stake,
thence North ,89 04' 30" West 257.1 feet to a stake,
thence South 58 56' 30" West 241.5 feet to a stake,
thence South 83 • • 58' 30" West 431.8 feet to a stake,
thence South 38 50' 30" West 700.1 feet to a stake,
thence South 32 thence South 10 17' 00" West 331.7 feet to-a stake, 32' 00" East 399.1 feet to a stake,
thence South 37 30' 00" West 179.5 feet to a stake,
thence South 58 29' 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 a 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 57 29' 00" West 140.6 feet to a stake,,
thence South 46 20' 00" West 453.6 feet to a stake,
13' 00" West 542.9 feet to a stake, thence South 83
58' 30" West 561.6 feet to a stake,' thence South 52
00' 30" West 394.8 feet to a stake, thence North 81
42' 00" West 547.2 feet to a stake, thence South 70
55' 30" West 414.5 feet to a stake, thence South 83
39' 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.; thence South 70
*667thence South 57 thence South 61 47' 00" West 498.5 feet to a stake, 51' 30" West 334.7 feet to a stake,
thence South 59 58' 00" West 361.9 feet to a stake,
thence South 77 15' 30" West 243.5 feet to a stake,
thence South 65. 56' 00" West 384.4'feet to., a stake,
thence South 88 22' 00" West 132.0 feet to a stake,
thence South 56 16' 00" West 241.6 feet to a stake,
thence North 63 43' 30" West 133.6 feet to a stake,
thence South 56 05' 00" West 474.4 feet to a stake,
thence North 81 30' 30" West 303.0 feet to a stake,
thence South 79 04' 30" West 501.0 feet to a stake,
thence South 57 56' 00" West 615.6 feet to a stake,
thence South 79 41' 30" West 411.1 feet to a stake,
thence South 69 40' 00" West 153.7. feet to a stake,
thence South 51 32' 30" West 378.4 feet to a stake,
thence South 72 12' 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 a X; on the southeast side N. C.;. on the southwest side 19Í5; 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 50 44' 30" West 138.0 feet to a stake,
thence South 36 48' 30" West 107.7 feet to a stake,
thence South 43 47' 30" West 81.9 feet'to a stake,
thence South, 30 17' 30" West 120.1 feet to a stake,
thence South 35 52' 30". West 202.1 feet to a stake,
thence South 48 47' 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 35 26' 00" West 396.4 feet to a stake,
33' 30" West 147.4 feet to a stake, thence South 17
03' 30" East 439.7 feet to a stake, thence South 34
32' 00" East 242.5 feet to a stake, thence South 10
26' 00" West 415.3 feet to a stake, thence South 46
32' 00" West 286.3 feet to a stake, thence South 87
*668thence South 70 18' 00" West 354.0 feet tó a stake,
thence South 35 37' 30" West 431.3 feet to a stake,
thence South 58 28' 00" West 472.4 feet to a stake,
thence South 5. 00' 30" West 293.4 feet to a stake,
thence South 75 17' 30" West 584.3 feet to a stake,
thence South .24 37' 30" West 357.1 fee.t to a stake,
thence South 74 21'-30" West 309.8 feet to a stake,
thence South 21 48' 30" West 445.6 feet to a stake,
thence South 39 11' 00" West 460.3 feet to a stake,
thence South 64 02'00" 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 a 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.
" (Sighed) 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 delineatéd in the said report and on the map 1 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.

*669

North Carolina v. Tennessee
240 U.S. 652 60 L. Ed. 847 36 S. Ct. 604 1916 U.S. LEXIS 1496 SCDB 1915-145

Case Details

Name
North Carolina v. Tennessee
Decision Date
Apr 3, 1916
Citations

240 U.S. 652

60 L. Ed. 847

36 S. Ct. 604

1916 U.S. LEXIS 1496

SCDB 1915-145

Jurisdiction
United States

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