{ "id": 8657595, "name": "J. G. JOHNSON et als. v. BRANNING MANUFACTURING COMPANY", "name_abbreviation": "Johnson v. Branning Manufacturing Co.", "decision_date": "1914-02-25", "docket_number": "", "first_page": "105", "last_page": "108", "citations": [ { "type": "official", "cite": "165 N.C. 105" } ], "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": "91 N. C., 256", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8690090 ], "opinion_index": 0, "case_paths": [ "/nc/91/0256-01" ] }, { "cite": "127 N. C., 41", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658789 ], "opinion_index": 0, "case_paths": [ "/nc/127/0041-01" ] }, { "cite": "85 N. C., 12", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11276845 ], "opinion_index": 0, "case_paths": [ "/nc/85/0012-01" ] }, { "cite": "74 N. C., 518", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8683147 ], "opinion_index": 0, "case_paths": [ "/nc/74/0518-01" ] }, { "cite": "109 N. C., 374", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8650501 ], "opinion_index": 0, "case_paths": [ "/nc/109/0374-01" ] }, { "cite": "125 N. C., 61", "category": "reporters:state", "reporter": "N.C.", "weight": 2, "opinion_index": 0 }, { "cite": "162 N. C., 6", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11269996 ], "opinion_index": 0, "case_paths": [ "/nc/162/0006-01" ] }, { "cite": "83 N. C., 387", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11277946 ], "opinion_index": 0, "case_paths": [ "/nc/83/0387-01" ] } ], "analysis": { "cardinality": 419, "char_count": 6947, "ocr_confidence": 0.439, "pagerank": { "raw": 2.2371270530382193e-07, "percentile": 0.7797014420531854 }, "sha256": "778d7aa43a3304713545048972bfc97f2496463bd8c83b1b4114f856506d5da6", "simhash": "1:48298d43c562825d", "word_count": 1272 }, "last_updated": "2023-07-14T20:20:28.606556+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "J. G. JOHNSON et als. v. BRANNING MANUFACTURING COMPANY." ], "opinions": [ { "text": "Clare:, C. J.\nTbis is an action to recover damages for trespass on tbe \u201cWhite\u201d tract of land, which the plaintiffs claim title to under the will of Sallie E. Ward, described as \u201clying on the White Oak road, and adjoining the lands of Patterson Ruffin, A. S. Rascoe, and others, and containing 191 acres.\u201d\nThe defendant admits that Sallie E. Ward owned the \u201cWhite\u201d land, but contends that it did not at her death include the whole 191 acres, because she had conveyed to W. A. Ward 50 acres thereof, and in her devise of the \u201cWhite land\u201d to .the plaintiffs she had reserved the 50 acres, because the devise is \u201cthat portion of the White tract of land which is not sold and is not \u00fao'w owned by me.\u201d The defendant contends that the plaintiffs should have shown what portion of the land Mrs. Wa^d had not sold off, and that they have \u25a0 introduced no evidence on that point.\nThe defendant in its answer denies the alleged 'trespass or that it has cut any timber it did not own or has destroyed any undergrowth or damaged the freehold.\nThe second and third exceptions are that the court refused to allow the deed from Sallie E. Ward to W. A. Ward to be read to the jury, and excluded all evidence offered to identify the land described in it and tending to show that the 50 acres were included in the 191 acres of the \u201cWhite\u201d tract claimed by plaintiffs. This deed from Sallie E. Ward had been put in evidence without objection; but when the defendant offered to read it to the jury the court excluded it, holding that, as a matter of law, it. was \u201cvoid for lack of description,\u201d and that \u201cthe deed'did not describe any land.\u201d The description is \u201c50 acres adjoined by P. R., bound on the White Oak road and joining A. S. Rascoe and P. Ruffin.\u201d The deed has apt words of conveyance and is sufficiently formal. It does not convey an 'indefinite 50 acres \u201cout of\u201d tbe \"White land, but a tract of 50 acres, which was a part of the White land, \u201con the White Oak road\u201d adjoining the lands of A. S. Eascoe and P. Buffin.\nWe think his Honor erred in excluding parol testimony to identify this tract of land. It was a latent and not a patent ambiguity. It may be that the defendant could have shown that the boundaries had been actually run and marked. At any rate, it was not impossible to lay off 50 acres of the \u201cWhite\u201d tract, taking the White Oak road as one boundary. The other boundary in such case (unless it had been actually run and marked) would have been parallel to said White Oak road and far enough from it to make up the acreage of 50 acres. In Farmer v. Batts, 83 N. C., 387, there is an interesting discussion in which the cases are cited, where the words -of description- have been held too indefinite to admit parol testimony, and other eases-in which the description has been held sufficient. We think this ease falls in the latter class.\nAmong the later cases in point is Hudson v. Morton, 162 N. C., 6, in which the Court held that a description \u201cbeing one acre of land adjoining L., in one corner of the field now \"turned out and lies near and including the spring, it being a portion of the H. tract conveyed by D. to M.,\u201d was held sufficiently definite to permit of parol testimony to fit the description to the deed. Among the eases cited therein is Edwards v. Deans, 125 N. C., 61, where a deed for \u201c30 acres in the western part of a tract of 112 acres\u201d .was held sufficient to offer proof of a survey of said 30 acres, followed by possession. In Perry v. Scott, 109 N. C., 374, the language, \u201con the south side of Trent Biver, adjoining the lands of Oolgrove, McDaniel, and others, containing 360 acres,\u201d was held not too vague and indefinite to permit identification by parol.\nIn Stewart v. Salmonds, 74 N. C., 518, Pearson, O. J., says that the words \u201c29 acres off the north end of a tract of land containing 129 acres, of an irregular figure, and bounded by eight lines, all straight, and with definite courses and \"distances, can be ascertained and cut off with mathematical precision. The question is, Can the 29 acres be identified by .the rules of mathematics so that the cutting off of the 29 acres will involve no discretion; but be a mere ministerial act? We think the 29 acres can be\u2019 identified by a mere ministerial act.\u201d This case \u2022has been often'cited and approved; see Anno. Ed.\nIn Warren v. Makely, 85 N. C., 12, the description is: \u201cA parcel of land lying and being in_ Currituck Township, near the head of Smith Creek, being the easternmost portion of the farm I. purchased of my brother, John E. Fortescue, known as the Russell land, containing 100 acres.\u201d This Court held that the court below properly refused to tell the jury, from 'a simple inspection of the deed, that the 100 acres could not be ascertained, and added: \u201cIf the larger tract be known, it is apparent the area of 100 acres can be cut off from its eastern part by a line, running due north and south.\u201d To similar purport is Webb v. Cummins, 127 N. C., 41, and Shaffer v. Hahn, 111 N. C., at p. 11. Here the description, \u201c50 acres on the White Oak road,\u201d is sufficient to admit of parol proof.\nIn Cox v. Cox, 91 N. C., 256, the Court held that the acreage is material in questions of doubtful boundary. Here' the 50 acres is a part of the \u201cWhite tract,\u201d and is on the White Oak road. That is to say, the land being a part of the \u201cWhite\u201d tract, and .one boundary, \u201cthe White Oak road,\u201d being given, as well as the adjoining owners, P. R. Ruffin and A. S. Rascoe, parol testimony was admissible either to show an actual survey; if one had been made, and possession thereunder, as in Edwards v. Dean, supra, or the tract could be located, as we have said, by running a line parallel with the White Oak road so as to cut off 50 acres, as in Stewart v. Salmonds and Warren v. Makely and other cases, supra.\nAs these errors'require* a new trial, it is unnecessary to discuss the other exceptions.\nError.", "type": "majority", "author": "Clare:, C. J." } ], "attorneys": [ "W. B. Johnson, Daniels & Swindell, and Murray Allen for plaintiffs.", "Winston & Matthews and Pruden .& Pruden for defendant." ], "corrections": "", "head_matter": "J. G. JOHNSON et als. v. BRANNING MANUFACTURING COMPANY.\n(Filed 25 February, 1914.)\nDeeds and Conveyances \u2014 ^Descriptions\u2014Parol Evidence \u2014 Trespass.\nIn an action for trespass upon land, the defendant denies the trespass upon plaintiff\u2019s land and alleges the acts complained of were done upon its own-land which had been conveyed tQ another in its own title and reserved from the plaintiff\u2019s deed; to sustain this contention the defendant tendered in evidence a deed to \u201c50 acres adjoining P. B., bounded on White Oak road and adjoining A. S. B. and P. S.\u201d Held, the description was sufficiently definite to permit of identification of the lands by parol evidence, the ambiguity being latent, for with the three' boundaries given, the third could readily be established by running a line a sufficient distance from the road to include the 50 acres conveyed.\n. Appeal by defendant from Lane, J., at April Term, 1913, of Beetle.\nW. B. Johnson, Daniels & Swindell, and Murray Allen for plaintiffs.\nWinston & Matthews and Pruden .& Pruden for defendant." }, "file_name": "0105-01", "first_page_order": 153, "last_page_order": 156 }