Joseph McKenna

“ On the report of the commissioners no controversy was raised for years. It seemed to be certain, or rather was accepted as proof of what we may call for convenience the North Carolina contention. Tradition, supported, we think, by preponderating testimony, sustains it; and as early as 1836 it received some recognition from the legislature of Tennessee. ”

“ The words of the call suppose an interval between the river and the 'main ridge' whose extreme height thereafter is to be followed,-to be definite, a course up Slick Rock creek to Fodderstack. But, granting that it could be literally satisfied without supposing such an interval, that is, connecting immediately with Hangover ridge, we must resort to the evidence to resolve the conflict of suppositions. We find the first established by the evidence which we have referred to and the marks on the trees. ”

“ From Tennessee River to the main ridge and along the extreme height of the same to the place where it is called the Unicoy or Unaka Mountain, striking the old trading path leading from the Valley Towns to the Overhill towns, near the head of the West fork of Tellico River, and at the distance of ninety three miles from the beginning. Thence along the extreme height of the Unicoy or Unaka mountain to the southwest end thereof at the Unicoy or Unaka Turnpike road, where a corner stone is set up marked Ten. ”

“ The commissioners reported that they had distinctly marked the dividing line run by them in its whole length 'with two chops and a blaze on each fore-and-aft tree, and three chops on each side line tree; and mile marked at the end of each mile; agreeably to the plats which accompanies this Report, and which said plats and Report are certified by us in Duplicate, one for each of said States, in the same words, marks and figures.' These plats were not in the Hebard Case. ”

“ From thence a due course South two miles and two hundred and fifty two poles to a Spruce Pine on the North Bank of Highwassee River, below the mouth of Cane Creek; thence up the said river the same course about one mile, and crossing the same to a Maple marked W. D. and R. A. on the South bank of the River ”

“ The evidence relied upon to deflect the boundary from the line so plainly described by both acts settling the boundary is not so conclusive as to require us to reverse the action of the circuit court. The decree will therefore be affirmed.'
The antagonism of the evidence to the North Carolina contention is put with more emphasis in Stevenson v. Fain, 53 C. C. A. 467, 116 Fed. 147, where, considering the controversy as to Tellico territory, Mr. ”