Stewart v. . Salmonds
Supreme Court of North Carolina
This was a Civil ActioN in the nature of a Bill in Equity for the specific performance of a contract, tried before Suhench J. at Fall Term, 1875, of the Superior Court of MeckleNbueg county. A single question is involved in the decision of the case in this court, which is fully stated in the opinion of Chief Justice Peaeson. It is therefore deemed unnecessary to state the facts set out in the voluminous record sent to this court upon appeal.
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This was a Civil ActioN in the nature of a Bill in Equity for the specific performance of a contract, tried before Suhench J. at Fall Term, 1875, of the Superior Court of MeckleNbueg county. A single question is involved in the decision of the case in this court, which is fully stated in the opinion of Chief Justice Peaeson. It is therefore deemed unnecessary to state the facts set out in the voluminous record sent to this court upon appeal. A portion of the relief demanded in the complaint was the partition of a tract of land, in pursuance of the following award of certain arbitrators to…
1Opinion of the CourtPeaksoN, C. J.
Wo have in this case, a tract of land containing 129 acres, of an irregular figure, bounded by eight lines, all straight, and with definite courses and distances. In order to make partition, it is referred to arbitrators, who aw:arded to the plaintiff “ 29 acres to be cut off of the north -end of it.”
His Honor bold that tins award was void for uncertainty. In this there is error. The question is, can the 29 acrt-s be identified by the rules of mathematics, so that the “ cutting off of the 29 acres” will involve no discretion, but be a mere ministerial act ? “ hi cerium est, quod cerium reddi…
2Cited by6 opinions
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Harris v. Woodard.Supreme Court of North Carolina · 1902
- Johnson v. Branning Manufacturing Co.Supreme Court of North Carolina · 1914
- Oxford v. . WhiteSupreme Court of North Carolina · 1886
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