Public-domain · open source
OpenJurist

105 N.C. 211

Wilson v. Johnson

Supreme Court of North Carolina

Decided February 15, 1890

Supreme Court of North Carolina · decided 1890-02-15

This was a civil action for the recovery of land, tried at the Fall Term, 1889, of Bkrtik Superior Court, before Montgomery, J. To show title, the plaintiff offered in evidence a deed from E. R. Outlaw, Sheriff of Bertie County, to John Wilson and Etherton Wilson (the plaintiffs), which, after the usual recitations as to levy and sale under execution, contained only the following description of the land: “1st. A certain tract of land in aforesaid county, adjoining the lands…

Decided 1890-02-15

Avery, J.

¶1after stating the facts: It is conceded that the plaintiffs cannot recover unless they can show the boundaries and location of the land that the Sheriff’s deed purports to convey.

¶2We have held at this term, in Blow v. Vaughan, ante, that a description, substantially the same as that contained in said deed, was too vague and indefinite to be aided by parol proof, and it is unnecessary to reiterate the reasons that led us to that conclusion. There was error in the admission of the testimony to identify the land, and there must be a new trial.

¶3Error.

/105/nc/211 · .json · Public domain