Rowe v. . Lumber Co.
Supreme Court of North Carolina
ActioN by J. W. Eowe aucl another against the Cape Eear Lumber Company, heard by Judge Fred Moore and a jury, at the September Term, 1904, of the Superior Court of PeN-der County. From a judgment for the plaintiffs the defendant appealed.
1Opinion of the CourtWalker, J.
Wbat are the termini or boundaries of a grant or deed, is a matter of law; where those boundaries or termini are is a matter of fact. This is the general rule. When therefore ,a creek is called for by name, as Oatskin Creek, nothing else appearing, the call must go to the running stream and, when neither the side line or bank, nor the middle line, is expressed, the conclusion of law is, that the channel or middle line (filum aquae) is intended. This rule applies when the natural object is unique or has propei’ties or characteristics peculiar to itself and which admit of its easy and certain…
2Cases cited4 opinions
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Brooks v. . BrittSupreme Court of North Carolina · 1834
- Den on Demise of Toole v. PetersonSupreme Court of North Carolina · 1848
- Spruill v. . DavenportSupreme Court of North Carolina · 1853
3Cited by4 opinions
- Geddie v. WilliamsSupreme Court of North Carolina · 1925
- Cherry v. AndrewsSupreme Court of North Carolina · 1949
- Geddie v. . WilliamsSupreme Court of North Carolina · 1925
- Cherry v. . AndrewsSupreme Court of North Carolina · 1948