Dudley v. . Jeffress
Supreme Court of North Carolina
Appeal by plaintiffs from Daniels, Jat April Term, 1919, of Pitt. This was an action to establish a boundary line. On 8 December, 1904, the defendant and Dr. Moye agreed to partition a tract of land which they held as tenants in common — two-thirds to defendant and one-third to Dr. Moye, and employed J. D. Cox to survey the land for partition.
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Appeal by plaintiffs from Daniels, Jat April Term, 1919, of Pitt. This was an action to establish a boundary line. On 8 December, 1904, the defendant and Dr. Moye agreed to partition a tract of land which they held as tenants in common — two-thirds to defendant and one-third to Dr. Moye, and employed J. D. Cox to survey the land for partition. They were with the surveyor and the division line-was run by him with their approval, and was marked at the time, through the cleared land by a fence and in the woodland by chopped trees and well defined surveyor’s marks to Tar River, and the deed was…
1Opinion of the Court
Cl ARK, 0. J.
Tbe sixth assignment of error is to the following charge of the court: “Now, our Court has held that ordinarily a surveyor in running the lines of a tract of land shall be governed by the description contained in the deed conveying it, but there are exceptions to that. One of the exceptions is this, that where, with a view to making a deed 'or a division, the parties go upon the land and have the line marked and surveyed, intending it to be the line and to be included in the deed, then the line so surveyed and marked prevails against the description in the deed where there is a…
2Cases cited9 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Shew v. . CallSupreme Court of North Carolina · 1896
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- Allison v. KenionSupreme Court of North Carolina · 1913
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