Potter v. . Bonner
Supreme Court of North Carolina
ActioN to try tbe title, to land, tbe whole controversy being dependent on tbe location of tbe dividing line between tbe lot of tbe plaintiffs and of tbe defendants. Sallie Carr Thompson, wife of ~W. A. Thompson, in 1909 owned a lot in Aurora, N. 0., lying on tbe east side of Fourth Street and north side of Middle Street.
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ActioN to try tbe title, to land, tbe whole controversy being dependent on tbe location of tbe dividing line between tbe lot of tbe plaintiffs and of tbe defendants. Sallie Carr Thompson, wife of ~W. A. Thompson, in 1909 owned a lot in Aurora, N. 0., lying on tbe east side of Fourth Street and north side of Middle Street. In tbe deed to Mrs. Thompson from E. C. Buck and wife tbe lot is described as “Beginning at tbe intersection of Fourth and Middle streets, and runs about east with tbe center of Middle Street 70 yards; thence about north and parallel with Fourth Street 65 yards; thence about…
1Opinion of the CourtAlleN, J.
The firfet position of the defendants cannot be sustained because of the well-established rule that when there is a particular and á general description' in a deed, the particular description controls. Carter v. White, 101 N. C., 30; Cox v. McGowan, 116 N. C., 135; Midgett v. Twiford, 120 N. C., 4; L. Co. v. McGowan, 168 N. C., 87.
The principle was applied in the Garter case to a deed containing a description by metes and bounds, and also “known as Walker’s Island”; in the Cox case to a deed containing the description “being the part of the Burton McGowan land conveyed by him to James H.…
2Cases cited5 opinions
- Cox v. . McGowanSupreme Court of North Carolina · 1895
- Carter v. . WhiteSupreme Court of North Carolina · 1888
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Midgett v. . TwifordSupreme Court of North Carolina · 1897
- Baker v. Massachusetts Mutual Life InsuranceSupreme Court of North Carolina · 1914
3Cited by12 opinions
- Wearn v. . R. RSupreme Court of North Carolina · 1926
- Lee v. McDonaldSupreme Court of North Carolina · 1949
- Whiteheart v. GrubbsSupreme Court of North Carolina · 1950
- Bailey v. . HaymanSupreme Court of North Carolina · 1940
- Franklin v. FaulknerSupreme Court of North Carolina · 1958
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