Legal Opinion

Euliss v. . McAdams

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 23 opinions

This was a civil ACTION, brought to recover damage for trespass and involving title, tried at Fall Term, 1890, of the Superior Court of Alamance County, before' MacRae, J. The descriptions contained in the deeds offered by the plaintiff to show title are set forth in the opinion. The defendant contended that the deeds were void for uncertainty in all of the descriptions.

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This was a civil ACTION, brought to recover damage for trespass and involving title, tried at Fall Term, 1890, of the Superior Court of Alamance County, before' MacRae, J. The descriptions contained in the deeds offered by the plaintiff to show title are set forth in the opinion. The defendant contended that the deeds were void for uncertainty in all of the descriptions. It was admitted that defendant owned the land joining this tract, and while the plaintiff was required to prove his title, the main contention between the parties was as to the location of their adjoining lines, as will…

1Opinion of the CourtAvery, J.

after stating the facts: The plaintiff offered two deeds, the first from A. Murray and wife to the Falls of Neuse Manufacturing Company, and the second from W. J. Murray and wife to the same company. The defendant objected to the introduction of both, on the ground that the descriptive clauses were too vague to admit of explanation by extrinsic evidence.

The descriptions were, respectively, in the following words:

First. “ A tract of land in Alamance County, State of North Carolina, adjoining the lands of John Staley, David Staley and Joseph McAdams, known as the Sellars tract, subject to…

2Cases cited3 opinions

  1. Bowen v. . WhitakerSupreme Court of North Carolina · 1885
  2. Henley v. . WilsonSupreme Court of North Carolina · 1879
  3. Roberts v. . PrestonSupreme Court of North Carolina · 1888

3Cited by23 opinions

  1. Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
  2. Elizabeth City v. . CommanderSupreme Court of North Carolina · 1918
  3. Stewart v. . CarySupreme Court of North Carolina · 1941
  4. Stewart v. CarySupreme Court of North Carolina · 1941
  5. Peel v. . CalaisSupreme Court of North Carolina · 1944

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