¶1 For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and the case is remanded to that court for further remand to the trial court for entry of judgment for plaintiff.
¶2 REVERSED AND REMANDED.
363 N.C. 799
688 S.E.2d 19
Supreme Court of North Carolina
Decided January 29, 2010
Supreme Court of North Carolina · decided 2010-01-29
<bold>Boundaries — line running "up the branch" — intent of grantors</bold> <block_quote> A decision of the Court of Appeals that the ground location of points on a boundary in addition to three undisputed points was a factual question for the jury is reversed for the reason stated in the Court of Appeals dissenting opinion that language in the deeds to the parties stating that the boundary line runs "up the branch" unequivocally established the branch or stream as the natural boundary between the two properties, and the boundary was not two straight lines running between the undisputed markers.</block_quote>
Decided 2010-01-29