Den Ex Dem. Shultz v. Young
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Stokes county, at Spring Term, 1843, his Honor Judge Battle presiding. This was an action of ejectment, in which the plaintiff claimed title under a Grant, shewing mesne conveyances to himself, and proving the defendant to be in possession of the land claimed. Upon the trjal, a question arose respecting the construction of the description of the land contained in the grant.
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Appeal from the Superior Court of Law of Stokes county, at Spring Term, 1843, his Honor Judge Battle presiding. This was an action of ejectment, in which the plaintiff claimed title under a Grant, shewing mesne conveyances to himself, and proving the defendant to be in possession of the land claimed. Upon the trjal, a question arose respecting the construction of the description of the land contained in the grant. The grant, alter setting forth several lines, concerning which there was no dispute, called for “ the northwest corner of Richard Goode’s tract,” and then proceeded thus : “ thence…
1Opinion of the CourtGaston, J.
Prima facie a call in a grant for one terminus to another is understood to mean a direct line from the former to the latter point. But assuredly there may be accompanying words of description, which will indicate that the line is not to be a direct line. Thus it is of ordinary occurrence, that, when the call is with a river-or creek from one terminus to another, the river or creek, however crooked its direction or numerous its courses, if it will carry you to the proposed terminus, must be followed throughout. Nor could there be any difficulty in holding, that, if the call were for a county…
2Cited by10 opinions
- Sandifer v. . FosterSuperior Court of North Carolina · 1795
- Tallassee Power Co. v. SavageSupreme Court of North Carolina · 1916
- Power Co. v. . SavageSupreme Court of North Carolina · 1916
- Rose v. . R. G. FranklinSupreme Court of North Carolina · 1939
- Millard v. . SmathersSupreme Court of North Carolina · 1917
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