Stevenson v. Fain

Messrs.

This was a bill filed by Stevenson and others, citizens and residents of New York and Rhode Island, against Fain and others, citizens and residents of North Carolina and Georgia, in the circuit court of the United States for the eastern district of Tennessee, to remove a cloud upon the title to a body of wild lands lying adjacent to the boundary between Tennessee and North Carolina.

Complainants claimed title under grants from the state of Tennessee, and alleged that the lands lay wholly in Monroe county, Tennessee. Defendants alleged that the lands lay wholly within the county of Cherokee, in the state of North Carolina, and that they were lawfully granted to their ancestor by that state.

The issue involved the true boundary line between North Carolina and Tennessee. The circuit court held that the lands lay in the state of North Carolina, and that the title was in defendants, and dismissed the bill.

Thereupon an appeal was taken to the circuit court of appeals for the sixth circuit, and, on hearing, the decree of the circuit court was affirmed. 53 C. C. A. 467, 116 Fed. 147.

From the decree of the circuit court of appeals this appeal was prosecuted.

''T. S. Webb, Hu. L. McClung, Charles Seymour, and L. M. G. Baker'' for appellants.

Messrs. John W. Green and Samuel G. Shields for appellees.

Mr. Chief Justice Fuller delivered the opinion of the court: