Cathey v. Buchanan Lumber Co.
Supreme Court of North Carolina
Appeal from Ward, J., August Term, 1909, of Graham. Civil action, to recover land and damages. These issues were submitted: 1. “Are tbe plaintiffs tbe owners in fee of tbe lands described in tbe complaint ?” Answer: “Yes; one-tbird interest.” 2. “Have tbe defendants cut and removed timber therefrom, as alleged?” Answer: “Yes.” 3. “What damage has been done to said land by reason of cutting and removing said timber?” Answer: “$1,033.50.” The case was made to turn upon tbe…
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Appeal from Ward, J., August Term, 1909, of Graham. Civil action, to recover land and damages. These issues were submitted: 1. “Are tbe plaintiffs tbe owners in fee of tbe lands described in tbe complaint ?” Answer: “Yes; one-tbird interest.” 2. “Have tbe defendants cut and removed timber therefrom, as alleged?” Answer: “Yes.” 3. “What damage has been done to said land by reason of cutting and removing said timber?” Answer: “$1,033.50.” The case was made to turn upon tbe construction of a deed from A. W. Crisp and others to John M. King, dated 8 November, 1888, which is as follows: “State oe…
1Opinion of the Court
Bkoww, J.,
after stating the case: The only controversy presented for our decision by the assignments of error arises upon the ruling of the court below, that the description’ of the land attempted to be conveyed by deed from 0. Randolph et als. to John M. King, upon which the defendant relies to prove title, is insufficient and so indefinite as not to permit the introduction of parol evidence to locate the land.
We have considered with care the very full and well-prepared brief of the learned counsel for appellants, and are nevertheless of opinion that the deed is void for uncertainty in…
2Cases cited8 opinions
- Dickens v. . BarnesSupreme Court of North Carolina · 1878
- Harrell v. . ButlerSupreme Court of North Carolina · 1885
- Murdock v. . AndersonSupreme Court of North Carolina · 1858
- Harris v. Woodard.Supreme Court of North Carolina · 1902
- Allen v. . ChambersSupreme Court of North Carolina · 1845
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