Falls of Neuse Manufacturing Co. v. Hendricks
Supreme Court of North Carolina
This was a civil action to recover land, tried at the August Term, 1889, of Buncombe Superior Court, before Clark, J. The plaintiffs introduced deeds conveying to them, and those under whom they claimed, the lands described in the ' complaint, in fee.
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This was a civil action to recover land, tried at the August Term, 1889, of Buncombe Superior Court, before Clark, J. The plaintiffs introduced deeds conveying to them, and those under whom they claimed, the lands described in the ' complaint, in fee. Defendant introduced the following paper-writing, recorded in 1871: “ I bind myself in the sum of six hundred dollars to make to Thomas Hendricks a good and sufficient deed for thirty acres of land, being a portion of a tract of land formerly owned by Reuben Deaver, and known as the Deaver tract, joining Hugh Johnson’s, Wm. Johnson’s and the…
1Opinion of the Court
Shepherd, J.:
There can be no question but that the possession of the defendant was notice of any equities which existed in his favor. Edwards v. Thompson, 71 N. C., 177; Tankard v. Tankard, 84 N. C., 286.
But we think that his Honor erred in holding that the thirty acres mentioned in the agreement to convey had been sufficiently identified.
While the writing is very ambiguous in its terms, it is, perhaps, susceptible of being aided by extrinsic evidence. If, for instance, the testimony had shown that the particular thirty acres were known as the “Deaver Tract,” it would have been a sufficient…
2Cases cited8 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Thornburg v. . MastenSupreme Court of North Carolina · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Lane v. CoeSupreme Court of North Carolina · 1964
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Lewis v. . MurraySupreme Court of North Carolina · 1919
- Speed v. PerrySupreme Court of North Carolina · 1914
8 more not listed; retrieve them via the Exa API.