Harrell v. . Butler
Supreme Court of North Carolina
Issues joined in a special proceeding for partition before Clerk of Hertford Superior Court, and tried before Shep>hercl, J., at Spring Term, 1883. This was a special proceeding for the partition of land instituted before the Clerk of the Superior Court of Hertford county.
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Issues joined in a special proceeding for partition before Clerk of Hertford Superior Court, and tried before Shep>hercl, J., at Spring Term, 1883. This was a special proceeding for the partition of land instituted before the Clerk of the Superior Court of Hertford county. The plaintiffs in their complaint claimed four-fifths of the land in question, and the defendant, in his answer, alleged that he was entitled to two-fifths and the plaintiffs to only three-fifths, and thus issues of law and facts were raised by the pleadings, which were transmitted to the Superior Court in term to be tried.…
1Opinion of the Court
Ashe, J.,
after stating the case as above: The decisions of the Uourt upon the question, whether ti defective description of land contained in a deed in too vague and uncertain to admit of parol evidence to “fit the description to the thing” lie so closely to the line of distinction between what is too uncertain and what is not so, that we find it somewhat difficult to reconcile them.
But upon a careful examination of the adjudications upon the subject, we are led to the conclusion that the deed in question executed by James Butler to David Butler, falls within the class of deeds that are too…
2Cases cited3 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Dickens v. . BarnesSupreme Court of North Carolina · 1878
- Cox v. . CoxSupreme Court of North Carolina · 1884
3Cited by21 opinions
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Perry v. . ScottSupreme Court of North Carolina · 1891
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Currie v. . GilchristSupreme Court of North Carolina · 1908
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