Lowe v. Harris
Supreme Court of North Carolina
ActioN to recover land, tried at Fall Term, 1892, of MTuces Superior Court. The defendant, after denying allegations in complaint in reference to wrongful possession, -said: 1. That on the-of -, 1880, the defendant purchased the lands described in the complaint of plaintiff from Mrs. A. P. Calloway, the mother of the feme plaintiff, and under said contract of purchase went on said land and cleared the same, and erected houses on the same, and has paid Mrs. A. P. Calloway the…
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ActioN to recover land, tried at Fall Term, 1892, of MTuces Superior Court. The defendant, after denying allegations in complaint in reference to wrongful possession, -said: 1. That on the-of -, 1880, the defendant purchased the lands described in the complaint of plaintiff from Mrs. A. P. Calloway, the mother of the feme plaintiff, and under said contract of purchase went on said land and cleared the same, and erected houses on the same, and has paid Mrs. A. P. Calloway the purchase-money, except about six dollars, as will appear by the following memoranda in the handwriting of Mrs. A. P.…
1Opinion of the Court
Avery, J.:
The extreme limit of liberality in sanctioning the admission of parol proof to explain ambiguous descriptions in deeds and contracts for the sale and conveyance of land was attained in Carson v. Ray, 7 Jones, 609, where the premises were described as “my house and lot in the town of Jefferson,” and the plaintiff was permitted to show that the grantor had but one house and lot within the boundaries of that place. In discussing that case and distinguising it from Murdoch v. Anderson, 4 Jones’ Eq., 77, Judge Battle delivering the opinion of the Court, took the ground that in connection…
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