Deaver v. . Jones

Avert, J.:

The court instructed the jury that when a grant is located by contemporaneous marked lines those contemporaneous marked lines govern and control its bonudary and fix the location so as to supersede other descriptions. We see no merit in the exception to this as a legal proposition. A deed is a contract, and the highest evidence of the identity of the subject-matter of it, where there is conflicting testimony as to its true location, is proof of the consent of two minds that certain marked lines or corners should constitute the boundary. Shaffer v. Gaynor, 117 N. C., 15 ; Shultz v.…