Barker v. Southern Railway Co.
Supreme Court of North Carolina
Ejectment, tried before Coble, Jat Spring Term, 1899, of the Superior Court of ITeNdejísoN County. The plaintiff had been original owner of the land in controversy, and had conveyed the same to the Spartanburg & Ashe-ville R. R. Co., under whom the defendant claims. The contention of plaintiff was, that his deed was too indefinite to convey any title, and too vague to be aided by parol evidence.
Read the full summary
Ejectment, tried before Coble, Jat Spring Term, 1899, of the Superior Court of ITeNdejísoN County. The plaintiff had been original owner of the land in controversy, and had conveyed the same to the Spartanburg & Ashe-ville R. R. Co., under whom the defendant claims. The contention of plaintiff was, that his deed was too indefinite to convey any title, and too vague to be aided by parol evidence. The description of the land contained in plaintiffs deed, and the evidence offered by defendant in support of the deed, are contained in the opinion. His Honor held that the description was too vague;…
1Opinion of the CourtDouglas, J.
This is an action in the nature of ejectment. On April 1, 1879, the plaintiff executed -to the Spartanburg and Asheville Railroad Company, whose title the defendant now owns, a deed with the following description: “Adjoining the lands of T. Gr. Barker (the plaintiff),'beginning at a stake on the east side of the railroad track and on, said track, and runs east 20 south 270 feet to a stake; thence north 2 west 240 feet to a stake; thence west 20 north 270 feet to a stake in the railroad track; thence south 2 east with the railroad track 240 feet to the beginning, containing 1-J acres * * * for…
2Cases cited8 opinions
- Dickens v. . BarnesSupreme Court of North Carolina · 1878
- Davidson v. . ArledgeSupreme Court of North Carolina · 1883
- King v. . WellsSupreme Court of North Carolina · 1886
- Massey v. . BelisleSupreme Court of North Carolina · 1841
- Smith v. . FiteSupreme Court of North Carolina · 1885
3 more not listed; retrieve them via the Exa API.