Smith v. Tew.
Supreme Court of North Carolina
Civil AotioN by W. J. Smith, J. L. Smith, M. L. Williams, T. A. McNeill and. wife, Caroline E., Mary G. Mc-Neill, and Alice 0. McNeill, by their next friend, Thomas A. McNeill, against L. J. Tew and A. C. Tew, heard by Judge E. W. Timberlake and a jury, at November Term, 1899, of CumbeblaND Superior Court- From a judgment for plaintiffs, defendants appealed.
1Opinion of the Court
Eaircloth, 0. J.
This is an action of ejectment. The plaintiffs claim under a grant from the State to Neill Purcell, in 1771, and mesne conveyances. In a deed from Draughan to W. T. Smith two lines were omitted, as plaintiffs claim, .by mistake. They introduced a surveyor, who testified that in running this deed, “there were along the lines marks on all the lines of the Purcell 200 acres, corresponding to the age of the grant, and that, in his opinion, as an expert, the 200 acres were correctly located, leading to a well-known corner, * * * and that the proper location of this deed was as…
2Cases cited1 opinion
- Bynum v. . ThompsonSupreme Court of North Carolina · 1843
3Cited by5 opinions
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Lindsay v. Beaman.Supreme Court of North Carolina · 1901
- Canter v. . ChiltonSupreme Court of North Carolina · 1918
- Tuttle v. . WarrenSupreme Court of North Carolina · 1910
- Hill v. . LaneSupreme Court of North Carolina · 1908