Doe on Demise of Cooper v. White
Supreme Court of North Carolina
Action of Ejectment, tried before Ms Honor, Judge Bailey, at the Spring Term, 1854, of Tyrrell Superior Court. The following case agreed was submitted to his Honor: One Hillory Bacon obtained a grant from the State, the boundaries of which commenced at a well known point, and after running various courses and distances, contained a call “ South, eighty degrees East,” and thence various courses and distances, to the first station, after which is added “ as per the next plat…
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Action of Ejectment, tried before Ms Honor, Judge Bailey, at the Spring Term, 1854, of Tyrrell Superior Court. The following case agreed was submitted to his Honor: One Hillory Bacon obtained a grant from the State, the boundaries of which commenced at a well known point, and after running various courses and distances, contained a call “ South, eighty degrees East,” and thence various courses and distances, to the first station, after which is added “ as per the next plat appears.” On reference to the plat annexed to the grant, it is found that the call therein, for this part of the…
1Opinion of the CourtBattle, J.
It is now well settled,, that a mistake in the course or distance contained in the calls of a deed, shall not be permitted to disappoint the intent of the parties, if that intent appear, and if the means of correcting tbe mistake are furnished, either by a more certain discription in the same deed, or by reference to another deed, containing a more certain description. Campbell v. McArthur, 2 Hawks. 33 ; Ritter v. Barrett, 4 Dev. and Bat. 133. It is equally well established, that a similar mistake in a grant may be corrected by reference to a plat annexed, or by such plat and the certificate…
2Cited by15 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Lee v. BarefootSupreme Court of North Carolina · 1928
- Lee v. . BarefootSupreme Court of North Carolina · 1928
- Mizell v. . SimmonsSupreme Court of North Carolina · 1878
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
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