Den Ex Dem. Hurley v. Morgan
Supreme Court of North Carolina
This was an action of ejectment brought to recover the possession of a tract of land; and upon the trial at Davidson on the last Spring Circuit before his Honor Judge MaRtin, the lessor of the plaintiff produced the following evidence of title to the land mentioned in his declaration. jn j u]y5 1774, a grant issued to Charles Thompson for one hundred acres of land, described as “ beginning at a stake among three small hickory saplings, pointers, standing on the north-east…
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This was an action of ejectment brought to recover the possession of a tract of land; and upon the trial at Davidson on the last Spring Circuit before his Honor Judge MaRtin, the lessor of the plaintiff produced the following evidence of title to the land mentioned in his declaration. jn j u]y5 1774, a grant issued to Charles Thompson for one hundred acres of land, described as “ beginning at a stake among three small hickory saplings, pointers, standing on the north-east side of Barnes’ Creek, at the mouth of the Rocky Branch, thence N. 10° E. 127 poles to a black oak, then N. 80° W. 127…
1Opinion of the Court
Ruffin, Chief Justice.
— We concur in the opinion expressed by his Honor,that he erred in leavingthe const ruction of the patent to the jury, to be decided by them upon the evidence. The meaning of a deed as to what land it covers, or as to what estate it conveys, is equally a question of law, and therefore is to be decided by the Court. What are the termini of the lines, are points ofconstruction; where they are, questions of fact. These observations are found in so many cases as to be familiar, without particular references.
From the manner in which the case is stated, the Court supposes that…
2Cited by8 opinions
- Sherrod v. . BattleSupreme Court of North Carolina · 1911
- Bowen v. . GaylordSupreme Court of North Carolina · 1898
- Higdon v. . RiceSupreme Court of North Carolina · 1896
- Scaife v. Western North Carolina Land Co.Court of Appeals for the Fourth Circuit · 1898
- Perry v. . MorganSupreme Court of North Carolina · 1941
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