Oxford v. . White
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, at June Term, 1886, of ALEXANDER Superior Court, upon complaint and demurrer. The plaintiff brought this action to recover the land described in the complaint, the parts of which, material to be set forth here, are as follows: The plaintiffs allege: 1. That they are owners in fee simple, and entitled to the immediate possession of the following tract of land in Alexander comity, to-wit: one half of a three hundred acre tract granted…
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Civil action, tried before Avery, Judge, at June Term, 1886, of ALEXANDER Superior Court, upon complaint and demurrer. The plaintiff brought this action to recover the land described in the complaint, the parts of which, material to be set forth here, are as follows: The plaintiffs allege: 1. That they are owners in fee simple, and entitled to the immediate possession of the following tract of land in Alexander comity, to-wit: one half of a three hundred acre tract granted by the State to Henry Reid in 1872 — that is to say, the one-half of said tract, to-wit: one hundred and fifty acres,…
1Opinion of the Court
Merrimon, J.,
It, must be .conceded that the description of the JLgmd in .the complain^ is very indefinite and uncertain iu its terms, but we think it may be rendered certain by an accurate survey, and that the plaintiffs are entitled to the benefit of the maxim, id certain eat, qaocl ccrtnm reddi potest. If the data or indicia specified, however indefinite, are sufficient. to enable the surveyor to ascertain the particular land referred to, that is sufficient.
The three hundred acres of land granted to Henry Reicl in 1872 are sufficiently described and located, and this is important. The land…
2Cases cited1 opinion
- Stewart v. . SalmondsSupreme Court of North Carolina · 1876
3Cited by4 opinions
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- State v. TaylorCourt of Appeals of North Carolina · 1987
- Caudill v. McNeilSupreme Court of North Carolina · 1959
- State v. TaylorCourt of Appeals of North Carolina · 1987