Sutton v. Blount, 3 N.C. 343, 2 Hayw. 343 (1805)

April 1805 · North Carolina Superior Court

3 N.C. 343, 2 Hayw. 343

Sutton vs. Blount.

■pJECTMENT. The defendant offered in evidence, a survey made in the year 1728, as he said, upon a complaint made, that the land oi Wilkinson, adjoining that of Blount, and bounded in part by a partof the third line of Blount’s land, contained more than the patent called for. The survey, he said, was made, in consequence of such complaint to the Governor and Council, by a Mr. Moseley, the then Surveyor-General of the province of North-Carolina.

Taylor, Judge.

This survey is no evidence against Sutton, who claims under Blount’s patent; for as to Blount, it was ex parte, and made behind his back. Moreover; this survey is stated to have been in consequence of an order issued by the Governor and Council. — Then the proceedings before them should be produced, otherwise the survey has no foundation ; and Mr. Moseley could not, at the mere instance of some stranger, make a survey of Wilkinson’s land, and thereby affect Blount’s title to the land he claimed.

The survey was rejected.