Edwards v. . Bowden
Supreme Court of North Carolina
Deed — Description—Evidence. Civil ACTION,-tried before- Merrimon, J], at Spring Term, 1887, of Greene Superior Court. : ' The following is a copy of the material part of the case stated on appeal: ■ “ The action was brought to foreclose a mortgage.
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Deed — Description—Evidence. Civil ACTION,-tried before- Merrimon, J], at Spring Term, 1887, of Greene Superior Court. : ' The following is a copy of the material part of the case stated on appeal: ■ “ The action was brought to foreclose a mortgage. The descriptive words of the deed are: ‘ A tract of land lying in Greene County,' N. 0., adjoining the lands of Patrick Lynch and R.- N. Bowden, situate on'the east side of the road leading from Jerusalem Church to Patrick- Lynch’s, it being a portion of their part of the original Gray R. Pridger tract and containing fifty acres.’ ■' “The jury…
1Opinion of the CourtMerrimon, J.
Generally, if the description of the land intended to be embraced and the title thereto conveyed by the deed is so indefinite or uncertain as that it fails to designate the land meant, the deed is inoperative and void. It is however a general rule that the deed must be upheld if possible, and the terms and phraseology of description will be interpreted with that view and to that end if this can reasonably be done. The Court will effectuate the lawful purpose of deeds and other instruments if this can be done consistently with the principles and rules of law applicable. Proctor v. Pool, 4…
2Cases cited1 opinion
- McGlawhorn v. . WorthingtonSupreme Court of North Carolina · 1887
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- Bailey v. . HaymanSupreme Court of North Carolina · 1940
- Carolina Power & Light Co. v. WatersSupreme Court of North Carolina · 1963
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