Merriman v. . Russell
Supreme Court of North Carolina
Cause removed from the Court of Equity of Henderson County- The facts of the case are sufficiently reported in the opinion of the Court, except the following deed, which, being the subject of construction, it is deemed important to set out at large, viz: “Articles of agreement entered into between Samuel Jenkins, sen’r., of the one part, and William E. Gash, of the other part, both of the County of Buncombe, and State of North Carolina, witness, that for and in consideration…
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Cause removed from the Court of Equity of Henderson County- The facts of the case are sufficiently reported in the opinion of the Court, except the following deed, which, being the subject of construction, it is deemed important to set out at large, viz: “Articles of agreement entered into between Samuel Jenkins, sen’r., of the one part, and William E. Gash, of the other part, both of the County of Buncombe, and State of North Carolina, witness, that for and in consideration of the sum of one dollar, I have bargained and sold so much of my land lying on Hooper’s creek, in the County and State…
1Opinion of the CourtPeaRsou, J.
The plaintiff claims, as assignee of ¥m. E. Gash, under a deed executed by Samuel Jenkins, dated March 10, 1836. The deed must be construed in reference to the purpose for which it was made. That appears upon the face of it to have been to enable Gash to operate a saw-mill, which he was about to erect, by carrying the water over Jenkins’ land. Eestrained by this rule of construction, the words “ bargained and sold so much of my land, &e., as will conveniently convey the water to a saw-mill, so as to be to his profit and advantage,” do not amount to a conveyance, or an agreement to convey any…
2Cited by3 opinions
- Keith v. . ScalesSupreme Court of North Carolina · 1899
- Ruffin v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1909
- Barringer v. Virginia Trust Co.Supreme Court of North Carolina · 1903