{
  "id": 8652546,
  "name": "ETHERTON WILSON et al. v. HAYWOOD JOHNSON",
  "name_abbreviation": "Wilson v. Johnson",
  "decision_date": "1890-02",
  "docket_number": "",
  "first_page": "211",
  "last_page": "212",
  "citations": [
    {
      "type": "official",
      "cite": "105 N.C. 211"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2570,
    "ocr_confidence": 0.54,
    "pagerank": {
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      "percentile": 0.38572499786667097
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    "sha256": "1abd20f6c4e9ec09f8333742a3fd61a24211ca5f4bff640c397726f002bca415",
    "simhash": "1:237c0e6060184ba4",
    "word_count": 434
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  "last_updated": "2023-07-14T15:50:46.302543+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ETHERTON WILSON et al. v. HAYWOOD JOHNSON."
    ],
    "opinions": [
      {
        "text": "Avery, J.\nafter stating the facts: It is conceded that the plaintiffs cannot recover unless they can show the boundaries and location of the land that the Sheriff\u2019s deed purports to convey.\nWe have held at this term, in Blow v. Vaughan, ante, that a description, substantially the same as that contained in said deed, was too vague and indefinite to be aided by parol proof, and it is unnecessary to reiterate the reasons that led us to that conclusion. There was error in the admission of the testimony to identify the land, and there must be a new trial.\nError.",
        "type": "majority",
        "author": "Avery, J."
      }
    ],
    "attorneys": [
      "Mr. R. B. Peebles, for plaintiff's.",
      "Messrs. Winston & Williams filed a brief for defendant."
    ],
    "corrections": "",
    "head_matter": "ETHERTON WILSON et al. v. HAYWOOD JOHNSON.\nDeed, \u2014 Description of Land.\nWhere two tracts of land were described in a Sheriff's deed as follows: \u201c 1st, a certain tract of land in aforesaid county, adjoining the lands of J. R. Conner and others, containing fifty acres, more or less; 2d, a certain tract of land in aforesaid county, adjoining the lands of J. B. Spivey and others, containing twenty-five acres, more or less\u201d: Held, that both descriptions were too vague and indefinite to be aided by parol proof.\n(For a discussion of the principles governing this case, see Blow v. Vaughan, ante.)\nThis was a civil action for the recovery of land, tried at the Fall Term, 1889, of Bkrtik Superior Court, before Montgomery, J.\nTo show title, the plaintiff offered in evidence a deed from E. R. Outlaw, Sheriff of Bertie County, to John Wilson and Etherton Wilson (the plaintiffs), which, after the usual recitations as to levy and sale under execution, contained only the following description of the land:\n\u201c1st. A certain tract of land in aforesaid county, adjoining the lands of J. R. Conner and others, containing fifty acres, more or less.\n\u201c2d. A certain tract of land in aforesaid county, adjoining the lands of J. B. Spivey and others, containing twenty-five acres, more or less.\u201d\nThe defendant objected to the introduction of this deed, which objection was overruled, and defendant excepted.\nSubsequently the plaintiffs introduced one Ashbell, to show that the land described in the deed was the same described in the complaint, and to identify it. The defendant objected to the testimony on the ground that the description was too vague and indefinite to be aided by parol testimony. The Court allowed the witness to testify. The defendant excepted. Whereupon witness testified that he knew the land, and identified it as the same.\nThere was a verdict and judgment for plaintiffs, and the defendant appealed.\nMr. R. B. Peebles, for plaintiff's.\nMessrs. Winston & Williams filed a brief for defendant."
  },
  "file_name": "0211-01",
  "first_page_order": 237,
  "last_page_order": 238
}