1 N.C. 161
Superior Court of North Carolina
Decided January 15, 1802
Superior Court of North Carolina · decided 1802-01-15
EJECTMENT. Miller claimed under a patent to Nathan Bryan, beginning at a corner tree, thence South 80 East, 40 poles to Walter Lane's line. There was no actual survey: the 40 poles were completed before arriving at Lane's line.—the second line was with Walter Lane’s line to his corner, a certain course and distance; but that distance would not have reached the corner, supposing the line to be drawn from the point of intersection of the first line with Lane’s line.
Decided 1802-01-15
¶1The grant to Bryan was made by the King, and the surveyor who made the plot was his officer: as it admits of two constructions, that one should be given to it, which is most in favour of the grantee. The line ought therefore to be extended to that of Lane’s patent.
¶2Verdict for the Plaintiff.
