Fincannon v. Sudderth.
Supreme Court of North Carolina
ActxoN by W. A. Eincannon and others against Ed. Sud-derth and wife, heard by Judge W. A. Allen and a jury, at the August Term, 1905, of the Superior Court of Bueke. Plaintiffs claim the locus in quo under deeds from their father, Isaac Eincannon, executed in 1881 for the purpose of making a division of his lands. They alleged that defendants had trespassed thereon. Defendants denied plaintiffs’ title.
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ActxoN by W. A. Eincannon and others against Ed. Sud-derth and wife, heard by Judge W. A. Allen and a jury, at the August Term, 1905, of the Superior Court of Bueke. Plaintiffs claim the locus in quo under deeds from their father, Isaac Eincannon, executed in 1881 for the purpose of making a division of his lands. They alleged that defendants had trespassed thereon. Defendants denied plaintiffs’ title. For the purpose of fixing their boundaries, plaintiffs introduced a grant issued 1194 to John Hughes, in which the call for the southwest corner is a small post oak — running thence east, etc.…
1Opinion of the Court
Connor, J.,
after stating the case: The sole question presented by the plaintiffs’ exception to His Honor’s ruling is whether, by a proper construction of the deed from Berry to Isaac Eincannon, the call for the Sudderth-Johnson tract shall control the other calls, thus making the southern boundary of that tract their northern boundary. The third rule for construing the language used in deeds in respect to boundary laid down by Chief Justice Taylor in Cherry v. Slade, 7 N. C., 90, is: “Where the lines or corners of an adjoining tract are called for in a deed or patent, the lines shall be…
2Cases cited3 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- Safret v. . HartmanSupreme Court of North Carolina · 1857
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- Lance v. . RumboughSupreme Court of North Carolina · 1908
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