Wynne v. . Alexander
Supreme Court of North Carolina
Appeal from the Superior Court of Law, of Tyrrell County, at the Spring Term,- 1847, his Honor Judge Caldwell presiding. The facts, upon which the points of law in this case arose, are stated in the opinion ef the Court,
1Opinion of the CourtDaniel, J.
Tarkington (under whom both parties claimed) conveyed to Armstrong; and described the land in the deed by calling for course and distance. There is no line of marked trees called for in the deed with the-course and distance. The Court permitted parol evidence to be offered by the defendant, to prove that a marked line of trees, not called for or mentioned in the deed, was the true boundary of the land conveyed, although varying from the written calls of course and distance, (the only calls mentioned in the deed.) This was not correct. Course and distance mentioned in deeds must be observed,…
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