Dameron v. Rowland Lumber Co.
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at February Term, 1912, of SAMPSON. Civil action. These issues were submitted to the jury: 1. Was the description of the land in the original timber deed from the plaintiff to H. L. Pope, trustee, inserted by the mutual mistake of the plaintiff and said.
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Appeal from 0. H. Allen, J., at February Term, 1912, of SAMPSON. Civil action. These issues were submitted to the jury: 1. Was the description of the land in the original timber deed from the plaintiff to H. L. Pope, trustee, inserted by the mutual mistake of the plaintiff and said. Pope? Answer: Yes. 2. At the time of the execution of the extension deed referred to in the complaint was all the timber on plaintiffs’ lands embraced in said deed by the mutual mistake of the parties ? Answer: Yes. 3. If so, what land was intended by them to have been described therein? Answer: Yes; the…
1Opinion of the CourtBrown, J.
This action is brought to correct the description in a deed for timber executed in 1892 by plaintiffs to II. L. Pope, which is as follows:
“Bounded by the lands of James Warwick, Redet Carr, Dr. Benton, and Calvin Bowden, being the same property deeded to me from J. D. Packer and wife, registered in Book 43, page 513, etc., containing 75 acres, more or less. Timber to be cut 12 inches and upwards across the stump.”
The defendant acquired title by mesne conveyances, and on 21 December, 1'906, the timber being uncut, purchased from plaintiff an extension of time, evidenced by extension deed duly…
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