Legal Opinion

Mizell v. . Ruffin

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 4 opinions

Civil action for the recovery of damages for a breach of warrant}'', tried before Hoke, J., and a jury, at Spring Term, 1893, of the Superior Court of Bertie County. The plaintiff introduced in evidence a deed from one Iiollo-man to J. B. Burden, also a deed from Joseph Burden to J. B. Ruffin, the defendant, dated February, 1871, conveying to the said Ruffin, his heirs and assigns forever, a portion of his (the grantor’s) timber on Ahoskie and Loosing swamps.

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Civil action for the recovery of damages for a breach of warrant}'', tried before Hoke, J., and a jury, at Spring Term, 1893, of the Superior Court of Bertie County. The plaintiff introduced in evidence a deed from one Iiollo-man to J. B. Burden, also a deed from Joseph Burden to J. B. Ruffin, the defendant, dated February, 1871, conveying to the said Ruffin, his heirs and assigns forever, a portion of his (the grantor’s) timber on Ahoskie and Loosing swamps. Following this clause was the following: “ The conditions of this deed are that the said Joseph W. Burden and his heirs may retain from…

1Opinion of the Court

Clark, J.:

The deed from Burden to Ruffin conveyed “a portion of his cypress timber on Ahoskie and Loosing swamps.” This is void for uncertainty, for it does not appear what portion is conveyed. Harrison v. Hahn, 95 N. C., 28; Blakely v. Patrick (the “ buggy case”), 67 N. C., 40; Atkinson v. Graves, 91 N. C., 99; McDaniel v. Allen, 99 N. C , 135. Nor is this helped out or rendered more certain by the condition which immediately follows, that the grantor and his heirs “ may retain from this timber enough for his fai;m and building purposes.” The relative pronoun “this” refers to its antecedent,…

2Cases cited3 opinions

  1. Blakely v. . PatrickSupreme Court of North Carolina · 1872
  2. Atkinson v. . GravesSupreme Court of North Carolina · 1884
  3. Harrison v. . HahnSupreme Court of North Carolina · 1886

3Cited by4 opinions

  1. Seguin v. Maloney-Chambers Lumber Co.Oregon Supreme Court · 1953
  2. York v. Westall.Supreme Court of North Carolina · 1906
  3. Britton v. . RuffinSupreme Court of North Carolina · 1897
  4. Seguin v. Maloney-Chambers Lumber Co.Oregon Supreme Court · 1953

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