Lawrence v. . Hyman
Supreme Court of North Carolina
Civil AotioN, to recover Land, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. The case was referred, and the report of the referee states that on the 2d of October, 1860, one C. M. Clark conveyed the land in dispute to the plaintiff, and described it as “ beginning at the north corner of A. M. Riddick’s store.” &c.
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Civil AotioN, to recover Land, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. The case was referred, and the report of the referee states that on the 2d of October, 1860, one C. M. Clark conveyed the land in dispute to the plaintiff, and described it as “ beginning at the north corner of A. M. Riddick’s store.” &c. The defendant is the widow of Samuel B. Hyman, deceased, and is in possession of the land as part of her dower, her husband having bought the same of one John H. Hyman. The material facts applicable to the points decided by this Court are embodied in its…
1Opinion of the CourtBynum, J.
The plaintiff’s deed calls: “Beginning at the north corner of A. M. Riddick’s store.” Erom the map which is made a part of the case, we find that the store house stands squarely east and west, and that there are therefore two north corners which equally fill the call. It is a case of latent ambiguity where parol proof must be-resorted to, to show which of the two corners was meant, as in the ease where a testator gives “ his white horse ” to-his son A, and he has two white horses. Which was the-true corner was a question of fact and not of law. The referee found that the beginning corner was…
2Cases cited2 opinions
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
- Green v. CastleburySupreme Court of North Carolina · 1874
3Cited by10 opinions
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- Hardaway Contracting Co. v. Western Carolina Power Co.Supreme Court of North Carolina · 1928
- Jones v. . EmorySupreme Court of North Carolina · 1894
- Matter of Will of HesterCourt of Appeals of North Carolina · 1987
- McGowan v. DavenportSupreme Court of North Carolina · 1904
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