Ipock v. Gaskins
Supreme Court of North Carolina
Appeal by plaintiff from Bragaw, J., at November Term, 1912, Of CRAVEN. This proceeding was brought for the purpose of processioning the lands of the parties, who are adjoining proprietors, and of ascertaining and declaring where is the dividing line between them. The case, in one view of it, turns upon the true location of the line which is first called for in the deeds, under which the plaintiff claims as color of title.
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Appeal by plaintiff from Bragaw, J., at November Term, 1912, Of CRAVEN. This proceeding was brought for the purpose of processioning the lands of the parties, who are adjoining proprietors, and of ascertaining and declaring where is the dividing line between them. The case, in one view of it, turns upon the true location of the line which is first called for in the deeds, under which the plaintiff claims as color of title. The plaintiff introduced and read in evidence a grant from the State to Samuel Lawson for 200 acres of land, and offered evidence to prove that it covered the land in…
1Opinion of the Court
Walker, J.,
after stating the ease: It appears plainly from the undisputed facts of the case that the call in the plaintiff’s deeds for the “west edge” of the swamp was a clerical mistake, and was clearly intended for the east edge, the word “west” having inadvertently been substituted for the word “oast” by the draftsman. When this is shown to be the case, it has been held frequently in this and other jurisdictions that the court will itself rectify the error, by applying the call to the true line intended by the parties, when the other calls indicate the intention and the matter is free from…
2Cases cited22 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Blake v. DohertySupreme Court of the United States · 1820
- Kea v. . RobesonSupreme Court of North Carolina · 1848
- Doe on Demise of Campbell v. DoeSupreme Court of North Carolina · 1822
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3Cited by8 opinions
- Lee v. BarefootSupreme Court of North Carolina · 1928
- Lee v. . BarefootSupreme Court of North Carolina · 1928
- Moore v. WhitleySupreme Court of North Carolina · 1951
- Medina v. Town and Country Ford, Inc.Court of Appeals of North Carolina · 1987
- Atlantic Greyhound Corp. v. SmithdealCourt of Appeals for the Fourth Circuit · 1951
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