Edenton,

October Term, 1798;

#### Harromond vs. M'Glaughon.

Tj1 JE.CTM.ENT. .The plaintiff claimed under a- state grant issued in the year 1737, for the land in question ; being a tract bounded.by the river Cashoke, on one side, and then from, the river so as to include a tract supposed,to.have been left out of the patent hereafter mentioned..

The defendant claimed under an old patent issued about fifty years ago,, beginning at a hickory standing, not far from the river,, thence- down the river a. certain course and- distance, which course ran obliquely from the river, and left between it and the river the triangular piece, of, land,, for which this action is brought.

Per curiam.

Haywood* Judge only in court

When a deed,, patent or grant, describes, a boundary from a certain point down a. riv.er,. creek, or. the like,, mentioning also course and distance, should the latter be found: not to -agree with the course of the river, creek, &c. it should not be regarded, but the river shall be taken to be the true boundary..

Verdict and judgment, accordingly for. the. defendant.