Doe on the Demise of Campbell v. Branch
Supreme Court of North Carolina
ActioN of ejectment, tried before PeksoN, J., at the Spring Term, 1857, of Harnett Superior Court. The only question in the case was as to the correctness of his Honor’s instruction to the jury, in respect to a line in one of the conveyances produced in evidence. One of the calls in this deed was for “McNeil’s land.” The distance called for would not reach McNeil’s land, nor would the line, extended according to the course called for, touch this land.
Read the full summary
ActioN of ejectment, tried before PeksoN, J., at the Spring Term, 1857, of Harnett Superior Court. The only question in the case was as to the correctness of his Honor’s instruction to the jury, in respect to a line in one of the conveyances produced in evidence. One of the calls in this deed was for “McNeil’s land.” The distance called for would not reach McNeil’s land, nor would the line, extended according to the course called for, touch this land. His Honor instructed the jury that this line must be run according to the call in the conveyance, and from the point where the distance gave…
1Opinion of the CourtBattle, J.
"We do not concur in the opinion expressed by his Honor in the Court below, as to the manner in which the line calling for McNeil’s land should be run ; and we think it probable that he was misled by what was said by. Chief Justice Runmsr in the case of The President and Directors of the Literary Fund v. Clark, 9 Ire. Rep. 58. The call contained two descriptions, which were found to be inconsistent. In such a case it is well established by numerous adjudications, that the description about which there is the least liability to error, must be adojoted, to the exclusion of the other. It is…
2Cited by10 opinions
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Miller v. HoltWest Virginia Supreme Court · 1899
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- Brown v. . SmathersSupreme Court of North Carolina · 1924
5 more not listed; retrieve them via the Exa API.