Doe on Dem. of Gause v. Perkins
Supreme Court of North Carolina
ActioN of ejectMent, tried before his Honor Judge Bailey, at the last Term of Brunswick Superior Court. The controversy in this case turns upon the following description in a deed, dated 23rd of February, 1819, from James Cheers, to the lessor of the plaintiff, viz: “Beginning at a light-wood tree” (which is established at A in the diagram,) “ running North 2 degrees West 172 poles to a pine,” (established at B,) “thence West 300 poles to a stake ‘in Bogey’s branch,’”…
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ActioN of ejectMent, tried before his Honor Judge Bailey, at the last Term of Brunswick Superior Court. The controversy in this case turns upon the following description in a deed, dated 23rd of February, 1819, from James Cheers, to the lessor of the plaintiff, viz: “Beginning at a light-wood tree” (which is established at A in the diagram,) “ running North 2 degrees West 172 poles to a pine,” (established at B,) “thence West 300 poles to a stake ‘in Bogey’s branch,’” (established at 0,) “thence South across the swamp to the mouth of Bull-branch 175 poles to William Gause’s line to a stake;…
1Opinion of the CourtNash, C. J.
The controversy in this case, turns entirely upon the termination of the third line of the conveyance from Cheers to the plaintiff. The call in that deed for the third line, is “thence south, across the swamp to the mouth of Bull-branch, one hundred and seventy-five poles, to William Cause’s line.” The closing line is, then east three hundred poles to the beginning. The second line of the Cheers deed and Bull-branch, for the purposes of this case, are ascertained, and the question is, where is the terminus of the third line? — is it where the distance, called for in the deed, gives out, or is…
2Cited by5 opinions
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