1 N.C. 136
Superior Court of North Carolina
Decided October 15, 1798
Superior Court of North Carolina · decided 1798-10-15
EJECTMENT. The plaintiff’s grant which was issued by the state in 1787, decribed a tract bounded by the river on one side, and thence from the river, so as to include a tract, supposed to have been left out of the patent, hereafter mentioned. The defendant claimed under a patent issued fifty years ago, beginning at a hickory, standing not far from the river, thence down the river a certain course and distance.
Decided 1798-10-15
¶1By
¶2When a deed, patent or grant, describes a boundary from a certain point down a river, 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 ought to be disregarded, and the river considered the true boundary.
¶3Verdict for the Defendant.