Speed v. Perry
Supreme Court of North Carolina
Appeal by plaintiff from Coohe, J., at November Term, 1914, of FRANKLIN. Tbis action was brought to set aside the deeds, hereinafter mentioned; one by Plummer A. Davis to Billy Perry, for the land described therein, dated 6 February, 1912; a mortgage of the same land, dated 20 August, 1912, by Billy Perry to J. D. Hill, to secure an alleged indebtedness of $50, and a deed from Billy Perry to J. D. Hill for the same land, dated 13 September, 1912, for the recited…
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Appeal by plaintiff from Coohe, J., at November Term, 1914, of FRANKLIN. Tbis action was brought to set aside the deeds, hereinafter mentioned; one by Plummer A. Davis to Billy Perry, for the land described therein, dated 6 February, 1912; a mortgage of the same land, dated 20 August, 1912, by Billy Perry to J. D. Hill, to secure an alleged indebtedness of $50, and a deed from Billy Perry to J. D. Hill for the same land, dated 13 September, 1912, for the recited consideration of $225. The grounds upon which this relief was asked are the mental incapacity of the grantor at the time he signed…
1Opinion of the Court
'Wai.keR, J.,
after stating tbe case: First, as to tbe description in tbe deed of Davis to Perry. It is familiar learning, which was aptly stated by Judge Gaston in Massey v. Belisle, 24 N. C., 170, tbat every deed of conveyance (or contract) must set forth a subject-matter, either certain in itself or capable of being reduced to a certainty by a recurrence to *126something extrinsic to which it refers. If the ambiguity in the description be latent, and not patent, oral evidence is admitted to fit the description to the thing intended. We have, therefore, held in Carson v. Ray, 52 N. C., 609, that…
2Cases cited29 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . JonesSupreme Court of North Carolina · 1872
24 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. SimpsonSupreme Court of North Carolina · 1951
- State v. . DickSupreme Court of North Carolina · 1864
- Holt v. HoltSupreme Court of North Carolina · 1950
- Thompson v. . UmbergerSupreme Court of North Carolina · 1942
27 more not listed; retrieve them via the Exa API.