Legal Opinion · Dissent

Perry v. . Scott

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 30 opinions

This is a special proceeding for partition, begun in the Superior Court of Jones County, and tried at Fall Term, 1890 (upon issues joined before the Clerk), Armfteld, J., presiding.

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This is a special proceeding for partition, begun in the Superior Court of Jones County, and tried at Fall Term, 1890 (upon issues joined before the Clerk), Armfteld, J., presiding. The defendant claimed under deed made by a Sheriff on sale under execution, in which the land was described as “lying and being in the county of Jones, bounded as follows,'to-wit: On the south side of the Trent river, adjoining the lands of Colgrove, McDaniel and others, containing three hundred and sixty acres, more or less.” The plaintiff insisted that the description in this deed was so vague and uncertain that…

1DissentAvery, J.

The defendant claimed under deed made by a sheriff on sale under execution, in which the land was described as "lying and being in the county of Jones, bounded as follows, to wit: On the south side of the Trent River, adjoining the lands of Colgrove, McDaniel and others, containing three hundred and sixty acres, more or less."

The plaintiff insisted that the description in this deed was so vague and uncertain that parol evidence could not be received in aid of it, but his Honor being of a contrary opinion, admitted the evidence, and plaintiff excepted.

There was judgment for defendant, and…

2Cases cited18 opinions

  1. Farmer v. . BattsSupreme Court of North Carolina · 1880
  2. Dickens v. . BarnesSupreme Court of North Carolina · 1878
  3. Harrell v. . ButlerSupreme Court of North Carolina · 1885
  4. President of the North Carolina Institute v. NorwoodSupreme Court of North Carolina · 1852
  5. Blow v. . VaughanSupreme Court of North Carolina · 1890

13 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Gudger v. White.Supreme Court of North Carolina · 1906
  2. Stewart v. . CarySupreme Court of North Carolina · 1941
  3. Stewart v. CarySupreme Court of North Carolina · 1941
  4. Timber Co. v. . YarbroughSupreme Court of North Carolina · 1920
  5. Katz v. . DaughtreySupreme Court of North Carolina · 1930

25 more not listed; retrieve them via the Exa API.

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