{
  "id": 2088552,
  "name": "Doe on the demise of J. M. CARSON, v. JEREMIAH RAY",
  "name_abbreviation": "Carson v. Ray",
  "decision_date": "1860-08",
  "docket_number": "",
  "first_page": "609",
  "last_page": "611",
  "citations": [
    {
      "type": "nominative",
      "cite": "7 Jones 609"
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    {
      "type": "official",
      "cite": "52 N.C. 609"
    }
  ],
  "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": "11 Ired. Rep., 373",
      "category": "reporters:state",
      "reporter": "Ired. Rep.,",
      "opinion_index": 0
    },
    {
      "cite": "4 Jones' Eq., 77",
      "category": "reporters:state",
      "reporter": "Jones Eq.",
      "case_ids": [
        2083004
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/57/0077-01"
      ]
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    {
      "cite": "2 Ired. Rep., 192",
      "category": "reporters:state",
      "reporter": "Ired. Rep.,",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T15:16:19.129964+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Doe on the demise of J. M. CARSON, v. JEREMIAH RAY."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nWe agree with his Honor who tried the cause, that the description of the house and lot contained in the deed, under which the defendant claimed, was sufficiently certain to identify and convey the property. The terms, \u201c my house and lot in the town of Jefferson,\u201d if contained in a will, would, undoubtedly be sufficient to pass the testator\u2019s house and lot, in the absence of any proof to show that he had more than one. Thus, it was held in a strongly analagons case, that a bequest of \u201c my twenty-five shares of bank stock,\u201d when the testator had just that number of shares, was a specific legacy, while a designation of them as simply \u201c twenty-five shares of stock,\u201d without the prefix of the word \u201c my \u201d was a general legacy. Kinsey v. Rhine, 2 Ired. Rep., 192. If, then, such a description would be sufficiently certain in a will, we cannot perceive any reason why it should not be so in a deed, as, in both instruments, the only requisite, as to the certainty of the thing described, is that there shall be no patent ambiguity in the description by which it is designated.\nA house and lot, or one house and lot in a particular town, would not do, because too indefinite on the face of the instrument itself. See Plummer v. Owens, Busb. Eq., 254; Murdock v. Anderson, 4 Jones\u2019 Eq., 77. But \u201c my house and lot,\u201d imports a particular house and lot, rendered certain by the description that it is one which belongs to me, and, upon the face of the instrument, is quite as definite as if it had been described as the house and lot in which I now live, which is undoubtedly good. Where the deed or will does not itself show that the grantor or devisor had more than one house and lot, it will not be presumed that he had more than one, so that there i$ no patent ambiguity, and if it be shown that he has more than one, it must be by extrinsic proof, and the case will then be one of a latent ambiguity, which may be explained by similar proof. It is- true, that in the case of the latter kind of ambiguity, the extrinsic proof may turn out to be insufficient to remove the uncertainty thus raised, and the grant or devise may fail on that account, but that is very different from the case of a patent ambiguity, which is always a question for the court, and in which the court must see that the subject matter of the grant or devise is so uncertain that there is nothing described to which any proof can apply. The case of Edmundson v. Hooks, 11 Ired. Rep., 373, to which we have been referred by the plaintiff\u2019s counsel, furnishes an apt illustration. In that case, it appeared that the sheriff held several executions against John Hooks and others; one against John Hooks alone, and one against John Hooks and one Woodard. The sheriff\u2019s deed recited all these executions; alevyupon \u201cthe defendant\u2019s lots at Nahanta depot;\u201d asale; and thereupon conveyed \u201c the lots levied on \u201d to the lessor of the plaintiff. The Court very properly held it to be a case of patent ambiguity, and that the description of the lots in tended to be conveyed, was too uncertain to be good. \u201c Were the lots those of John Hooks alone, or one of the other defendant\u2019s in the execution, or were they the joint property of all ?\u201d There was undoubtedly an uncertainty as to whose property the lots were, which was apparent upon the face of the deed itself, and of course the court was obliged to say that the description was void for the uncertainty. Had John Hooks been the only defendant in the execution, then the description of \u201c the defendant\u2019s lots at Nahanta,\u201d would have pointed to something definite, to wit: John Hook\u2019s lots at that place, and the decision would have deen different.\nPer Curiam,\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Battle, J. Per Curiam,"
      }
    ],
    "attorneys": [
      "Boyden, for the plaintiff.",
      "Grumpier, for the defendant."
    ],
    "corrections": "",
    "head_matter": "Doe on the demise of J. M. CARSON, v. JEREMIAH RAY.\n\u201c My house and lot in the town of Jefferson, in Ashe county North Carolina,\u201d the grantor having a house and lot, and only one, in that town, was Held to be a sufficient description of the premises to-pass them by deed.\nAction of ejectment, tried before Heath, J., at the last Fall Term, of Ashe Superior Court.\nThe lessor of the plaintiff claimed title under a judgment and execution against one Long, and a sheriff\u2019s sale and deed, made thereon, all of which, with the defendant\u2019s possession, were admitted.\nThe defendant claimed title, and gave in evidence a deed to him, from the said Long, for the premises, for a full and valuable consideration, in which the premises are described as follows, to wit: \u201c My house and lot in the town of Jefferson, in Ashe county, North Carolina.\u201d The deed bore date and was executed prior to the teste of the execution, under which the lessor of the plaintiff claimed. At the time the said deed was executed, Long, the bargainor, had a fee simple right to this house and lot in the said town of Jefferson, and there was no evidence that he owned any other house and lot therein, nor was it so alleged.\nIt was contended that the defendant\u2019s deed was void, for uncertainty in the description of the premises, and that no title passed thereby, which was the only question debated between the counsel of the parties.. A verdict was, by consent, rendered for the plaintiff, subject to the opinion of the Court on the question of law raised in the case, with leave for him to set it aside and enter a nonsuit, in case he should be of opinion against the plaintiff. Subsequently, on consideration of the question reserved, his Honor ordered the plaintiff to be nonsuited.\nBoyden, for the plaintiff.\nGrumpier, for the defendant."
  },
  "file_name": "0609-01",
  "first_page_order": 617,
  "last_page_order": 619
}