Benton v. Montgomery Lumber Co.

The appellant’s exceptions to the exclusion of evidence must be overruled for the reason that the questions were framed so as to call for answers which would necessarily have embodied a mixed finding of law and fact. Whether the thirty-acre tract or any other was specifically described in the deed was not exclusively a question of fact which the surveyor could determine. What the boundaries are is a matter of law; where they are is a question of fact. Lumber Co. v. Bernhardt, 162 N. C., 460.

The exception chiefly relied on is that which was taken to the charge given the jury; but the…