Buckhorn Land & Timber Co. v. Yarbrough
Supreme Court of North Carolina
Civil actiok, tried before Connor, J., and a jury, at July Term, 1919, of Chatham. This action was brought to recover the possession of land. The plaintiff, in its complaint, alleged title in itself to a large tract of land, which the plaintiff estimated to contain something like 10,000 acres.
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Civil actiok, tried before Connor, J., and a jury, at July Term, 1919, of Chatham. This action was brought to recover the possession of land. The plaintiff, in its complaint, alleged title in itself to a large tract of land, which the plaintiff estimated to contain something like 10,000 acres. The defendant disclaimed any interest in the land except two tracts, one containing 110 acres, and one 1% acres, in which he asserts ownership in himself, and denied the plaintiff’s title. Upon coming to trial the plaintiff, with leave of the court, amended its complaint, limiting the controversy to the…
1Opinion of the Court
Walker, J.,
after stating tbe case as above: Tbe description in tbe deed of Neill McKay and John W. McKay to tbe Deep River Manufacturing Company is sufficiently certain to let in parol evidence for tbe purpose of identifying tbe land. _ 'Since tbe decision of this Court in Patton v. Sluder, 167 N. C., 500, there cán be no doubt of tbe correctness of tbe proposition just stated,- that tbe description of tbe land is not too vague to be aided by parol proof so as to fit it to tbe land intended to be conveyed. Tbe descriptive words in tbe Patton case were: “On tbe headwaters of Swannanoa River,…
2Cases cited27 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Carter v. RailroadSupreme Court of North Carolina · 1905
- Perry v. . ScottSupreme Court of North Carolina · 1891
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3Cited by8 opinions
- Lane v. CoeSupreme Court of North Carolina · 1964
- Sheppard v. AndrewsCourt of Appeals of North Carolina · 1970
- Springs v. . SchenckSupreme Court of North Carolina · 1888
- Elliott v. OwenSupreme Court of North Carolina · 1956
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