Millard v. . Smathers
Supreme Court of North Carolina
ActioN on ejectment, tried before Shaw, J., and a jury at April-May Term, 1917, of Buncombe. On tbe trial it appeared tbat the six children, devisees and heirs at ■law of James Thomas, deceased, owned a certain business block in the ■city of Asheville, bounded on the north by Walnut Street and on the east by North Main Street (now called Broadway), and 'desiring to make partition of same by deeds, inter partes, had the lot surveyed and platted by B. M. Lee, an official…
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ActioN on ejectment, tried before Shaw, J., and a jury at April-May Term, 1917, of Buncombe. On tbe trial it appeared tbat the six children, devisees and heirs at ■law of James Thomas, deceased, owned a certain business block in the ■city of Asheville, bounded on the north by Walnut Street and on the east by North Main Street (now called Broadway), and 'desiring to make partition of same by deeds, inter partes, had the lot surveyed and platted by B. M. Lee, an official surveyor for the city, and interchanged ■deeds for the separate parcels of date 28 December, 1897, and thereafter •said heirs…
1Opinion of the CourtHoee, J.
These deeds, executed by the parties at the same time and for a common purpose, referring to each other and also to a common plat for a more particular description of the property, should be construed together in ascertaining the intent and meaning of the parties as expressed in the instruments and the plat annexed thereto. Gudger v. White, 141 N. C., 507.
Considering the case in that aspect and recurring to certain recognized principles in our law of boundary, it has been held:
1. “That the intent of the parties as expressed in the entire instrument must be supported and, in ascertaining such…
2Cases cited14 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Doe on Demise of Campbell v. DoeSupreme Court of North Carolina · 1822
- Davidson v. . ArledgeSupreme Court of North Carolina · 1883
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Common Council of Richmond v. State ex rel. MendenhallIndiana Supreme Court · 1854
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3Cited by3 opinions
- Wood v. . WilderSupreme Court of North Carolina · 1943
- Brown v. . SmathersSupreme Court of North Carolina · 1924
- Baker v. MoorefieldCourt of Appeals of North Carolina · 2002