77 S.E. 993 | N.C. | 1913
This was an action to recover damages for a trespass on land and to enjoin the cutting of timber. Verdict and judgment for plaintiffs, and defendants appealed. The land originally belonged to James Harrington, and was partitioned among his heirs. Plaintiffs claimed to have derived title to Lot No. 9 in the division by judicial proceedings and mesne conveyances. The point in controversy was the true location of the dividing line between the parties, (501) defendant owning the land adjoining Lot No. 9. The description of the line in the original partition of 1814 between Harrington's heirs was, "thence (that is, from C on map) south 60 east 180 poles to a stake at the (Harrington) house," which plaintiffs contended ran from letter C on map to letter H, the house being at H, but they were willing for the line to be run to letter G, thereby about equally dividing the locus in quo between the parties. The jury located the line C G as the true one. Some of the deeds in plaintiff's chain of title, subsequent to the Harrington partition in 1814, described the line as running "thence (that is, from C on map) south 60 east 180 poles to a stake at or near the place where the house of James Harrington, deceased, formerly stood," and defendant insisted that the last part of the call, "to or near the house," was too uncertain or indefinite to control, and the line should be run by course and distance, relying upon Harry v.Graham,
No error.