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WILKINS v. JONES

Supreme Court of North Carolina
Sep 1, 1896
Important Paras
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Action to Recover Land — Vague and Indefinite Description — Parol Evidence May Explain, When.

A description of land contained in a deed as follows, "Thirty acres of land situated in Stony Creek Township, adjoining the lands of W. J. and B.," is not too vague and indefinite to be explained by parol testimony.

The defendants excepted and appealed from the judgment rendered in the verdict for plaintiffs. The description in the mortgage was as follows: "Thirty (30) acres of land, situated in Stony Creek Township, adjoining the lands of the lates James Woodruff, James Carter Jones and Richard Barnes." (96)

AVERY, J.

There was error in the ruling of the Court that the description was too vague and uncertain to be explained by parol testimony. Perry v. Scott, 109 N.C. 374.

NEW TRIAL.

Cited: Sherman v. Simpson, 121 N.C. 130; Hinton v. Moore, 139 N.C. 46.