Plotkin v. Realty Bond Co.

The issues are either in conflict or they are not determinative of the controversy. For this reason a new trial must be awarded. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.

The third issue was apparently answered on the principle announced in Person v. Rountree, 2 N. C., 378, and consistently followed in this jurisdiction, that a grantee of lands will take according to the boundaries actually surveyed and pointed out at the time, notwithstanding a mistaken description inserted in the deed (Clarke v. Aldridge, 162 N. C., 326, 78 S. E., 216), but the answer to the fourth issue seems to…