Pelletier v. Interstate Cooperage Co.
Supreme Court of North Carolina
Appeal from Garter, at October Term, 1911, of Cabtebet. The action was to remove a cloud from plaintiff’s title to a tract of land, known as the old Pelletier homestead, and to correct a mistake of description in a line of deeds, by which same was created, all of the grantees being parties defendant. There was verdict for plaintiff; judgment, and defendant, the Interstate Cooperage Company, excepted and appealed.
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Appeal from Garter, at October Term, 1911, of Cabtebet. The action was to remove a cloud from plaintiff’s title to a tract of land, known as the old Pelletier homestead, and to correct a mistake of description in a line of deeds, by which same was created, all of the grantees being parties defendant. There was verdict for plaintiff; judgment, and defendant, the Interstate Cooperage Company, excepted and appealed. The facts are sufficiently stated in the opinion of the court by Mr. Justice Moke.
1Opinion of the CourtIIoke, J.
There was allegation, with evidence, on the part of plaintiffs, tending to show that in 1894 plaintiffs sold and conveyed to C. S. Riley Co. a tract of land in said county, known as the woodland tr-act, for a recited consideration of $900; that the Pelletier home tract lay near to this and was at that time included in the widow’s dower; that one Lovett Hines, who was acting as agent of C. S. Riley & Co. in the transaction, drew the deed and, in doing so, he included this home tract in the description; that this home tract was not embraced in the trade or intended to be sold or conveyed by the…
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