Ruffin v. Seaboard Air Line Railway
Supreme Court of North Carolina
Appeal from Goolee, J.,- January Term, 1909, of EkaNKLIN. On 17 July, 1885, J. F. Jones executed to tbe Louisburg Railroad Company a deed, conveying a depot site at Louisburg, N. C., tbe metes and bounds of wbicb are set forth in said deed.
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Appeal from Goolee, J.,- January Term, 1909, of EkaNKLIN. On 17 July, 1885, J. F. Jones executed to tbe Louisburg Railroad Company a deed, conveying a depot site at Louisburg, N. C., tbe metes and bounds of wbicb are set forth in said deed. This deed contained tbe following stipulation: “It is further stipulated that tbe said parties of tbe first part shall have tbe right to erect a warehouse along tbe southwest side of said lands and upon tbe southwest margin of said road, provided they do not encroaph upon any portion of the depot ground, of the width of 115 feet on the grade, so that the…
1Opinion of the Court
Glare:, C. J.,
after stating the ease: This case presents a single question, i. e., the construction of the stipulation contained in the deed from J. F. Jones to the Louisburg Railroad Company, by which it was agreed that the said Jones should have the right to erect a warehouse on the land conveyed, provided an open space of 115 feet was left for use by the railroad company as depot grounds. It is admitted that the defendant has 115 feet of open space, and that the warehouse erected by J. F. Jones extends twenty-three feet over the southwest boundary of the land conveyed by the deed of 1885.
Th…
2Cases cited4 opinions
- Hall v. . TurnerSupreme Court of North Carolina · 1892
- Hamlin v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- Patton v. Western Carolina Educational Co.Supreme Court of North Carolina · 1888
- Merriman v. . RussellSupreme Court of North Carolina · 1856
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- Chemical Foundation, Inc. v. E. I. Du Pont De Nemours & Co.District Court, D. Delaware · 1928
- Farbwerke vormals Meister Lucius & Bruning v. Chemical Foundation, Inc.Court of Appeals for the Third Circuit · 1930
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