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

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 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.: "

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 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,"

"thence South 83¡18'42' West 344 feet to a stake,"

"thence South 82¡32'00' West 235 feet to a stake,"

"thence South 55¡05'47' West 561 feet to a stake,"

"thence South 32¡31'35' West 545 feet to a stake,"

"thence South 51¡24'25' West 424 feet to a stake,"

"thence South 43¡58'57' West 284 feet to a stake,"

"thence South 40¡20'30' West 520 feet to a stake,"

"thence South 45¡52'47' West 332 feet to a stake,"

"thence South 0¡30'10' East 410 feet to a stake,"

"thence South 6¡58'06' East 191 feet to a stake,"

"thence South 2¡26'42' 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 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,"

"thence South 53¡02'15' West 579 feet to a stake,"

"thence South 25¡22'15' West 134 feet to a stake,"

"thence South 15¡59'15' West 637 feet to a stake,"

"thence South 28¡52'30' West 783 feet to a stake,"

"thence South 33¡43'51' West 517 feet to a stake,"

"thence South 0¡31'51' East 279.5 feet to a stake,"

"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, "

Page 240 U. S. 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,"

"thence South 60¡43'30' West 125.4 feet to a stake,"

"thence South 52¡18'00' West 1304.4 feet to a stake,"

"thence North 72¡19'00' West 490 feet to a stake,"

"thence South 57¡34'00' West 450 feet to a stake,"

"thence North 63¡18'30' West 365 feet to a stake,"

"thence North 72¡23' 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 34¡25'30' West 198.7 feet to a stake,"

"thence South 82¡52'30' West 531.6 feet to a stake,"

"thence South 54¡14'00' West 370 feet to a stake,"

"thence North 75¡17'30' West 550 feet to a stake,"

"thence South 76¡15'30' West 550 feet to a stake,"

"thence South 69¡28'30' West 200 feet to a stake,"

"thence South 85¡32'00' West 400 feet to a stake,"

"thence South 71¡35'00' West 670 feet to a stake,"

"thence South 66¡21'00' West passing an 18' hickory, supposed to be the 63rd 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,"

"thence South 51¡52'00' West 580 feet to a stake,"

"thence South 56¡03'00' West 260 feet to a stake,"

"thence South 45¡13'30' West 390 feet to a stake,"

"thence South 65¡48'30' West 150 feet to a stake,"

"thence South 26¡22'00' West 220 feet to a stake,"

"thence South 16¡12'00' East 260 feet to a stake, "

Page 240 U. S. 655

"thence 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, 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 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 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 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 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 30¡13'00' East 209.3 feet to an X on a rock,"

"thence South 7¡24'00' West 494 feet to an X on a rock,"

"thence South 4¡17'00' East 630 feet to an X on a rock,"

"thence South 33¡26'00' West 360.7 feet to an X on a rock,"

"thence South 60¡21'00' West 505.7 feet to an X on a rock,"

"thence South 2¡36'30' East 427.6 feet to an X on a rock,"

"thence South 21¡33'30' East 305.6 feet to an X on a rock, near Ravens Den,"

"thence North 82¡29'30' West 640.4 feet to an X on a rock,"

"thence South 87¡14'30' West 173.5 feet to an X on a rock,"

"thence South 19¡21'30' West 273.3 feet to an X on a rock,"

"thence South 39¡36'30' East 171.0 feet to an X on a rock,"

"thence South 70¡45'00' East 320.3 feet to an X on a rock,"

"thence South 25¡28'00' East 177.9 feet to an X on a rock,"

"thence South 21¡39'30' West 289.0 feet to an X on a rock,"

"thence North 59¡17'30' West 728.4 feet to an X on rock,"

"thence South 88¡36'30' West 858.0 feet to an X on a rock,"

"thence North 70¡01'30' West 481.6 feet to an X on a rock,"

"thence South 50¡27'30' West 413.0 feet to an X on a rock,"

"thence south 3¡19'00' West 320.0 feet to an X on a rock, at top of lower falls"

"thence South 47¡27'00' East 464.0 feet to an X on a rock,"

"thence South 47¡15'00' West 113.9 feet to an X on a rock,"

"thence North 82¡52'00' West 531.4 feet to an X on a rock,"

"thence South 38¡42'00' West 172.7 feet to an X on a rock,"

"thence South 14¡09'00' East 534.6 feet to an X on a rock,"

"thence South 5¡09'30' West 798.9 feet to an X on a rock, "

Page 240 U. S. 657

"thence South 12¡20'30' East 257.7 feet to an X on a rock,"

"thence South 38¡02'30' East 291.8 feet to an X on a rock,"

"thence South 37¡20'30' West 236.0 feet to an X on a rock, near the mouth of Slick Rock Gap, branch,"

"thence North 57¡33'30' West 485.5 feet to an X on a rock,"

"thence North 85¡41'30' West 432.3 feet to an X on a rock,"

"thence South 17¡13'00' 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 23¡40'30' West 189.9 feet to an X on a rock,"

"thence North 75¡04'30' West 279.3 feet to an X on rock,"

"thence North 47¡01'30' West 870.5 feet to an 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 an X on a rock,"

"thence south 41¡03'00' West 465.5 feet to an X on a rock,"

"thence South 24¡22'00' West, passing the mouth of Nichols Cove branch at 140 feet, 622.8 feet to an X on a rock,"

"thence South 6¡35'30' West 275.5 feet to an X on a rock,"

"thence South 26¡39'00' West 518.0 feet to an X on a rock,"

"thence South 1¡58'00' East 507.5 feet to an X on a rock at the Panther Den,"

"thence South 58¡02'00' West 276.7 feet to an X on a rock,"

"thence South 39¡07'30' West 135.6 feet to an X on a rock,"

"thence South 82¡52'30' West 287.2 feet to an X on a rock,"

"thence North 56¡19'30' West 335.0 feet to an X on a rock,"

"thence North 52¡35'30' West 304.0 feet to an X on a rock,"

"thence South 84¡13'30' West 281.8 feet to an X on a rock,"

"thence South 43¡16'30' West 254.8 feet to an X on a rock,"

"thence South 9¡07'00' East 154.4 feet to an X on a rock, "

Page 240 U. S. 658

"thence South 36¡44'00' East 179.6 feet to an X on a rock,"

"thence South 14¡15'00' West 173.4 feet to an X on a rock,"

"thence North 86¡45'30' West 322.0 feet to an X on a rock,"

"thence North 71¡16'00' West 251.4 feet to an X on a rock,"

"thence North 17¡05'30' West 405.2 feet to an X on a rock,"

"thence North 68¡35'00' West 329.5 feet to an X on a rock,"

"thence South 43¡09'00' West 207.3 feet to an X on a rock,"

"thence South 23¡56'30' West 369.9 feet to an X on a rock,"

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

"thence South 4¡47'00' West 425.1 feet to an X on a rock,"

"thence South 8¡51'00' East 129.6 feet to an X on a rock,"

"thence South 53¡26'00' West 599.4 feet to an X on a rock,"

"thence South 2¡30'00' East 254.6 feet to an X on a rock,"

"thence South 16¡07'30' East 168.6 feet to an X on a rock,"

"thence South 35¡12'00' West 370.0 feet to an X on a rock,"

"thence North 67¡59'30' West 393.4 feet to an X on a rock at the mouth of a small branch,"

"thence South 14¡36'30' West 494.0 feet to an X on a rock,"

"thence South 70¡54'00' West 160.5 feet to an X on a rock,"

"thence North 66¡12'00' West 561.2 feet to an X on a rock,"

"thence South 68¡50'00' West 197.3 feet to an X on a rock,"

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

"thence South 45¡16'30' East 241.9 feet to an X on a rock,"

"thence South 50¡11'30' East 281.8 feet to an X on a rock,"

"thence South 43¡40'30' West 316.2 feet to an 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 an X on a rock,"

"thence South 0¡44'00' East 193.8 feet to an X on a rock at the mouth of a small branch,"

"thence South 34¡02'30' West 240.0 feet to an X on a rock,"

"thence South 11¡40'00' East 206.7 feet to an X on a rock,"

"thence South 40¡51'00' West 539.3 feet to an X on a rock,"

"thence South 10¡18'30' East passing the foot of falls at 198 feet, 247.6 feet to an X on a rock"

"thence South 73¡41'00' East 134.2 feet on a rock"

"thence South 73¡41' 00' East 134.2 feet to an X on a rock in the falls, "

Page 240 U. S. 659

"thence South 12¡37'00' West 262.6 feet to an 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 an X on a rock,"

"thence South 23¡21'30' West 578.6 feet to an X on a rock,"

"thence South 48¡36'30' West 428.6 feet to an 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 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 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, "

Page 240 U. S. 660

"thence 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¡57'00' West 207.4 feet to a stake,"

"thence South 60¡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.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 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,"

"thence South 34¡50'00' East 510.7 feet to a stake,"

"thence South 29¡38'00' East 167.8 feet to a stake"

"thence South 23¡20'00' East 1063.0 feet to a stake,"

"thence South 41¡18'30' East 311.1 feet to a stake on the 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 feet 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, 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 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 feet 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 a 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

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 73¡34'00' West 194.0 feet to a stake,"

"thence South 50¡34'30' West 393.6 feet to a stake,"

"thence South 52¡49'30' West 84.0 feet to a stake,"

"thence South 50¡55'30' West 178.0 feet to a stake,"

"thence South 31¡43'30' West 301.0 feet to a stake,"

"thence South 32¡02'30' West 1575.8 feet to a stake,"

"thence South 48¡45'30' West 631.2 feet to a stake,"

"thence South 24¡54'30' West 113.5 feet to a stake,"

"thence South 25¡23'30' West 581.5 feet to a stake,"

"thence South 34¡27'30' West 502.0 feet to a stake,"

"thence South 31¡55'30' West 143.2 feet to a stake,"

"thence South 35¡18'00' West 364.8 feet to a stake,"

"thence South 35¡39'00' West 623.6 feet to a stake,"

"thence South 8¡58'30' West 480.4 feet to a stake,"

"thence South 40¡20'00' West 523.0 feet to a stake,"

"thence South 59¡35'00' West 768.0 feet to a stake,"

"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,"

"thence South 71¡42'30' West 591.7 feet to a stake,"

"thence South 86¡36'30' West 209.3 feet to a stake,"

"thence South 68¡49'30' West 477.7 feet to a stake,"

"thence North 71¡42'00' West 332.5 feet to a stake,"

"thence South 79¡01'00' West 362.8 feet to a stake,"

"thence South 70¡57'00' West 412.4 feet to a stake, "

Page 240 U. S. 663

"thence 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, "

Page 240 U. S. 664

"thence South 15¡49'00' West 746.6 feet to a stake,"

"thence South 5¡26'00' West 341.0 feet to a stake,"

"thence South 2¡47'00' East 583.4 feet to a stake,"

"thence South 17¡49'00' West 371.0 feet to a stake,"

"thence South 20¡38'00' West 290.0 feet to a stake,"

"thence South 19¡42'30' West 384.6 feet to a stake,"

"thence South 20¡37'30' West 317.9 feet to a stake,"

"thence South 12¡47'00' East 312.9 feet to a stake,"

"thence South 25¡10'00' West 515.6 feet to a stake,"

"thence South 17¡15'00' West 248.3 feet to a stake,"

"thence South 22¡53'00' West 284.5 feet to a stake,"

"thence South 18¡25'00' West 514.2 feet to a stake,"

"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 passing 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,"

"thence South 67¡13'30' East 344.6 feet to a stake,"

"thence South 79¡08'30' East 593.5 feet to a stake,"

"thence South 83¡36'00' East 355.5 feet to a stake,"

"thence South 86¡36'30' East 392.5 feet to a stake,"

"thence South 62¡04'30' East 735.5 feet to a stake, on the 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¡31'30' 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 a 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, "

Page 240 U. S. 665

"thence South 5¡23'00' West 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 to 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 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 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 71.7 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, "

Page 240 U. S. 666

"thence South 24¡14'30' West 271.1 feet to a stake,"

"thence South 21¡39'00' 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 51¡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¡17'00' West 331.7 feet to a stake,"

"thence South 10¡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 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 57¡29'00' West 140.6 feet to a stake,"

"thence South 46¡20'00' West 453.6 feet to a stake,"

"thence South 83¡13'00' West 542.9 feet to a stake,"

"thence South 52¡58'30' West 561.6 feet to a stake,"

"thence North 81¡00'30' West 394.8 feet to a stake,"

"thence South 70¡42'00' West 547.2 feet to a stake,"

"thence South 83¡55'30' West 414.5 feet to a stake,"

"thence South 70¡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. "

Page 240 U. S. 667

"thence South 57¡47'00' West 498.5 feet to a stake,"

"thence South 61¡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 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 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,"

"thence South 17¡33'30' West 147.4 feet to a stake,"

"thence South 34¡03'30' East 439.7 feet to a stake,"

"thence South 10¡32'00' East 242.5 feet to a stake,"

"thence South 46¡26'00' West 415.3 feet to a stake,"

"thence South 87¡32'00' West 286.3 feet to a stake, "

Page 240 U. S. 668

"thence South 70¡18'00' West 354.0 feet to 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 feet 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 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.