Johnson v. . Ray .
Supreme Court of North Carolina
Civil Action, in the nature of Ejectment, tried before-Watts, J., at Fall Term, 187-1, McDowell Superior Court. The action was brought to recover a tract of land, in the comity of Yancey, and removed upon the affidavit of the plaintiffs to the county of McDowell. Both the plaintiffs and the defendants claimed the locus in quo under deeds of conveyance from James and Robert Love, who were the owners of the land before the date of either conveyance.
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Civil Action, in the nature of Ejectment, tried before-Watts, J., at Fall Term, 187-1, McDowell Superior Court. The action was brought to recover a tract of land, in the comity of Yancey, and removed upon the affidavit of the plaintiffs to the county of McDowell. Both the plaintiffs and the defendants claimed the locus in quo under deeds of conveyance from James and Robert Love, who were the owners of the land before the date of either conveyance. The deed to the plaintiffs, it was admitted, covered the locus in quo, but was of a later date than the deed under which the defendants claimed,…
1Opinion of the CourtPisARSON, C. J.
There is no error in the charge of which the plaintffs have a right to complain.
The jury having found the fact that a C D ” is “the ridge called for, the question of boundary is too plain to admit off discussion.
What are the boundaries of a tract of land is a question of law, and his Honor ought to have instructed the jury, that as the deed from A to B calls for.a due east course, the fact that a corner is made at B, and another call is made, substituting the word “ eastwardly ” instead of “ east,” to-wit: then along< the ridge (an eastwardly course) to the top of the ridge, a due east course…
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