Osborne v. . Johnston
Supreme Court of North Carolina
This was a civil action brought by the plaintiff against; the defendant under the C. O. P., to recover possession of the tract of land described in the complaint, tried before' Mitchell, J., at the last term of the Superior Court for the county of Alleghany. The facts material to a proper understanding of the case were as follows: The land in dispute consisted of about forty acres, lying in a peninsula formed by a bend in New Biver.
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This was a civil action brought by the plaintiff against; the defendant under the C. O. P., to recover possession of the tract of land described in the complaint, tried before' Mitchell, J., at the last term of the Superior Court for the county of Alleghany. The facts material to a proper understanding of the case were as follows: The land in dispute consisted of about forty acres, lying in a peninsula formed by a bend in New Biver. The western side of the land abutted on the river, but it extended only a part of the way to the river on the-east. The plaintiff claimed under a grant from the…
1Opinion of the CourtPeakson, C. J.
What are the boundaries of a tract of land, is a question of law, to be decided by the Court, in putting a construction upon the deed. Where the boundaries are, is a question of fact for the jury.
By the statement of the case, it is agreed, that if the boundaries of the deed of William to Jesse Reeves be the line of a certain tract, owned by Jesse, the deed does not include the locus in quo. If the boundary be the line of a ■certain other tract, owned by Jesse, or if the boundary be the lines of both of the tracts, then the deed does include the locus in quo. As far as we are able to…
2Cited by20 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Moore v. . MillerSupreme Court of North Carolina · 1920
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