Den on Demise of Houser v. Belton
Supreme Court of North Carolina
Appeal from the Superior Court oí Law of Surry County, at the Fall Term 1849, his Honor Judge Caldwell presiding. This was ejectment. The lessor claimed under a deed from one Gittens, dated in 1822, under which possession had been held for more than twenty-one years.
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Appeal from the Superior Court oí Law of Surry County, at the Fall Term 1849, his Honor Judge Caldwell presiding. This was ejectment. The lessor claimed under a deed from one Gittens, dated in 1822, under which possession had been held for more than twenty-one years. The deed described the land as lying on both sides of Loven’s creek — beginning at a white oak on the East side of Loven’s creek, thence South 55 chains to a post oak— thence East 100 chains to a white oak, thence North 55 chains to a white oak, thence to the beginning, containing 559 acres. The plaintiff .insisted, that the…
1Opinion of the CourtPearson, J.
The opinion of his Honor is fully sustained by many decisions. The question is simply, whether a party is at liberty to show, by the kind of proof offered in this case, that there was a mistake in using the word “east,'’instead of the word “west.” It is not a question between a marked tree and a natural boundary, but between a marked tree and a mere word.
When a creek is called for as a boundary, it will control course and distance and even marked lines and corners, because it is permanent and fixed, and a thing, about which there ean be no mistake. It is a natural 'boundary. Marked lines and…
Also in this document: Per curiam.
2Cited by10 opinions
- Bowen v. . GaylordSupreme Court of North Carolina · 1898
- Mizell v. . SimmonsSupreme Court of North Carolina · 1878
- Higdon v. . RiceSupreme Court of North Carolina · 1896
- Ipock v. GaskinsSupreme Court of North Carolina · 1913
- Byrd v. Carolina Spruce Co.Supreme Court of North Carolina · 1915
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