Higdon v. . Rice
Supreme Court of North Carolina
Civil aotioN, for trespass, tried before S'tarbuck, J., and a jury, at Spring Term, 1895, of SwaiN Superior Court. There was a verdict for the plaintiffs and from the judgment thereon the defendants appealed. The necessary facts are stated in the opinion of the Court and in the dissenting opinion of Chief Justice Faieoloth.
1Opinion of the Court
The questions raised by this appeal are:
1st. Whether it is competent to show by parol testimony that, by mistake of surveyor or draughtsman, the calls for course and distance incorporated in a deed or grant are different from those established by a previous or contemporary running by the parties or their agents.
2d. Whether, if in any case parol proof is competent and sufficient to be submitted to the jury to show a location different from that determined by following course and distance, the testimony in the case at bar raised a question as to mistake in the calls that it was the province of…
2Cases cited12 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Graybeal v. . PowersSupreme Court of North Carolina · 1877
- Redmond v. . MullenaxSupreme Court of North Carolina · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allison v. KenionSupreme Court of North Carolina · 1913
- State v. JenkinsSupreme Court of North Carolina · 1913
- Watford v. . PierceSupreme Court of North Carolina · 1924
- Lee v. . RoweSupreme Court of North Carolina · 1916
- McNeely v. . LaxtonSupreme Court of North Carolina · 1908
4 more not listed; retrieve them via the Exa API.