{ "id": 8652069, "name": "W. W. S. WATERS v. THE DENNIS SIMMONS LUMBER COMPANY", "name_abbreviation": "Waters v. Dennis Simmons Lumber Co.", "decision_date": "1911-02-22", "docket_number": "", "first_page": "232", "last_page": "236", "citations": [ { "type": "official", "cite": "154 N.C. 232" } ], "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": [ { "cite": "32 N. C., 358", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1972672 ], "opinion_index": 0, "case_paths": [ "/nc/32/0358-01" ] }, { "cite": "140 N. C., 280", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651906 ], "opinion_index": 0, "case_paths": [ "/nc/140/0280-01" ] }, { "cite": "153 N. C., 366", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272555 ], "opinion_index": 0, "case_paths": [ "/nc/153/0366-01" ] }, { "cite": "149 N. C., 347", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11270592 ], "opinion_index": 0, "case_paths": [ "/nc/149/0347-01" ] }, { "cite": "150 N. C., 19", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11269622 ], "opinion_index": 0, "case_paths": [ "/nc/150/0019-01" ] }, { "cite": "122 N. C., 816", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8662371 ], "opinion_index": 0, "case_paths": [ "/nc/122/0816-01" ] }, { "cite": "7 N. C., 82", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684318 ], "opinion_index": 0, "case_paths": [ "/nc/7/0082-01" ] }, { "cite": "144 N. C., 110", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658866 ], "opinion_index": 0, "case_paths": [ "/nc/144/0110-01" ] }, { "cite": "133 N. C., 162", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8656648 ], "opinion_index": 0, "case_paths": [ "/nc/133/0162-01" ] }, { "cite": "46 N. C., 13", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8680990 ], "opinion_index": 0, "case_paths": [ "/nc/46/0013-01" ] } ], "analysis": { "cardinality": 399, "char_count": 7604, "ocr_confidence": 0.457, "pagerank": { "raw": 2.135771028113528e-07, "percentile": 0.766516503471824 }, "sha256": "4e6234865ba7987f8cf5d34212046db9865fb1a3bc5b70b2eae8f68a092fc33c", "simhash": "1:0b6fac35cc441b1d", "word_count": 1351 }, "last_updated": "2023-07-14T20:16:36.957085+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "W. W. S. WATERS v. THE DENNIS SIMMONS LUMBER COMPANY." ], "opinions": [ { "text": "Walkeb, J.\nThis action was brought to recover damages for a trespass on land. While trespass is a personal and pos-sessory action, if neither party has the actual possession at the time of an alleged unlawful entry, the law adjudges the possession to be in him who has the superior title. McCormick v. Monroe, 46 N. C., 13; Drake v. Howell, 133 N. C., 162; Gordner v. Lumber Co., 144 N. C., 110. There being no evidence of actual possession, the plaintiff sought to recover by reason of his constructive possession arising from the title which he alleges had been acquired and was held by him at the time of the defendant\u2019s entry upon the land, under a grant issued by the State to him 20 November, 1890. The defendant justified under a grant' issued to Harry W. Stubbs, 18 August, 1887, he having acquired the title of the grantee by mesne conveyances. Tbe plaintiff\u2019s grant included tbe locus in quo. It was admitted that tbe Stubbs grant also covered tbe locus in quo, if its lines and boundaries bad been correctly located and run as shown on tbe blue map, and that tbe defendant\u2019s entry in that event was lawful; but tbe plaintiff contended that tbe first call of the Stubbs grant required that tbe first line should be run\nfrom Leggett\u2019s comer on Welche\u2019s Creek or Gum Swamp to tbe \u201cMorris line/\u2019 and tbe second line should not be run according to tbe course given in tbe grant, but witb tbe \u201cMorris line\u201d tbe prescribed distance, and tbe other lines should be run according to tbe calls of tbe grant to tbe beginning. Tbe case, therefore, turns upon tbe question whether tbe call for tbe \u201cMorris line\u201d should, control the location of the second line of the Stubbs patent. The calls in that grant are as follows: \u201cBeginning at a pine on Welche\u2019s Creek or Gum Swamp at Luke Leggett\u2019s comer, running tbence south 41% degrees west 12% chains; thence south 20% degrees west 18% chains, along Morris\u2019s line south 16% chains; thence south 10% degrees west 18% chains, south 15% west 11% chains,\u201d and thence with the remaining calls of the grant to the first station. There was no dispute as to the beginning comer. If the second line is run as the plaintiff contends it should be, that is, with the Morris (or Carkeet) line, the course will be north 67% west, instead of south 20% west, which is the call of the Stubbs grant, making a difference in the two courses of 92 degrees. It also appears from the official map annexed to the grant, that the lines therein indicated were run by the surveyors, who made the survey and map, as the defendant now contends they should be.\nThe general rule is that in the absence of calls for natural or artificial objects or monuments, a call for a known and established line of an adjoining tract of land will control another and conflicting call for course and distance, because such a call is deemed to be the more certain. Cherry v. Slade, 7 N. C., 82; Bowen v. Gaylord, 122 N. C., 816, where many authorities are cited. See, also, Lance v. Rumbough, 150 N. C., 19; Mitchell v. Welborn, 149 N. C., 347; Bowen v. Lumber Co., 153 N. C., 366; Whitaker v. Cover, 140 N. C., 280. There are exceptions to the general rule, as will appear in the cases cited, but they are not relevant to this discussion. The natural object or line called for must, of course, be located or identified with reasonable certainty. Hauser v. Belton, 32 N. C., 358. The plaintiff in this case relies upon these settled mies for the ascertainment of boundaries, but we do not think they are applicable when the language of the Stubbs grant is properly construed and the' call for the Morris line is considered with reference to the context. In the first place, it should be observed that in the first call, \u201csouth 41% degrees west 12% chains,\u201d there is no mention of the Morris line; and it is at least probable that if the call was intended to reach that line, it would have been so stated. The omission, though, is not by any means conclusive and does not fully answer tbe plaintiff\u2019s contention, but it may aid us to reach the true meaning of what immediately follows. It seems to us, and! we so decide, that it was not intended that the second call should be \u201calong the Morris line,\u201d as the words just quoted are separated by a comma from those of the second call and apparently qualify the third call for course and distance. There also is evidence in the case that there is a line of the Morris (or Oarkeet) tract corresponding with the third call by course and distance of the Stubbs grant; but whether there is or not, the Morris line is evidently mentioned, not in the second, but in the third call, and this being so, the plaintiff\u2019s contention can derive no support from the rules of law we have stated above. While we interpret the Stubbs grant by its own language, without the aid of any extraneous facts, the evidence in the case tends most strongly, if not convincingly, to establish the correctness of our conclusion.\nThe court was of the opinion, and so charged the jury, that the second line of the Stubbs grant must be run according to course and distance, which should not be deflected or controlled by the call in the grant for the Morris line, that line being-mentioned only in the third call. If the second line is thus run, the senior (or Stubbs) grant will cover the locus in quo, and the defendant had the title and, therefore, the constructive possession at the time of its actual entry upon the land. 'Having the right of possession and the right of property, its entry was not unlawful.\nUnder the instruction of the court, which we hold was correct, the verdict and judgment were properly rendered for the defendant.\nNo error.", "type": "majority", "author": "Walkeb, J." } ], "attorneys": [ "Ward & Grimes for plaintiff.", "Gaylord & Gaylord for defendant." ], "corrections": "", "head_matter": "W. W. S. WATERS v. THE DENNIS SIMMONS LUMBER COMPANY.\n(Filed 22 February, 1911.)\n1. Trespass \u2014 Possession\u2014Superior Title.\nThough, trespass is a personal and possessory action, the law adjudges the possession to be in him who has the superior title, when neither party has the actual possession at the time of the alleged unlawful entry.\n2. Trespass \u2014 Calls\u2014Description\u2014Punctuation\u2014Established Lines\u2014 Interpretation of Deeds.\nIn an action of trespass on lands, the question of defendant\u2019s unlawful entry depended, under the construction of the calls in a grant under which he claims title, upon the question whether the second call was controlled by a call to the \u201cMorris line\u201d according to the following description: \u201cBeginning (at a pine on W. Creek or Gum Swamp at L.\u2019s corner (this point being admitted), running thence south 41% degrees west 12% chains; thence south 20% degrees west 18% chains, along Morris\u2019s line south 16% chains,\u201d etc. The plaintiff contends that the second call should be run with the Morris line, making a difference of 92 degrees in the two courses: Held, (1) the first call not mentioning the \u201cMorris line,\u201d makes it probable, at least, that it was not to reach that line; (2) it was not intended that the second call should be \u201calong the Morris line,\u201d as the words quoted are separated by a comma from those of the second call, and qualify the third call for course and distance, there also being evidence that the description fits a location of the \u201cMorris line\u201d under the third call; therefore, (3) the rule that, under certain conditions, a call for an established line of an adjoining tract of land will control a conflicting call for course and distante has no application.\nAppeal by plaintiff from J. S. Adams, J., at October Term, 1910, of WASHINGTON.\nThe facts are sufficiently stated in the opinion of the Court by Mr. Justice Wallcer.\nWard & Grimes for plaintiff.\nGaylord & Gaylord for defendant." }, "file_name": "0232-01", "first_page_order": 274, "last_page_order": 278 }