Ritter v. . Barrett

We are of opinion that there was error in refusing to instruct the jury, as prayed by the defendant's counsel, that they were at liberty to disregard the distance called for in the first line of the deed of the lessors of the plaintiff to John Sowell, and to extend that line to the pine, the terminus called for in the deed of Jacob McLindon to Isaac Sowell. In the case of Campbell v. McArthur, 2 Hawks, 33, it was recognized as a settled principle that a mistake in the course or distance of a deed shall not be permitted to disappoint the intent of the parties, if that intent appears, and if…