Dickson v. . Wilson

82 N.C. 487

• Court: Supreme Court of North Carolina
• Decided: January 5, 1880
• Status: Published

Opinion

Ashe, J.

The plaintiff asked for certain specific instructions, all of which were given except one, which is as follows : “ If the white oak is a corner tree, we run the course of the last line and then go to the white oak.” Rut His Honor declined to give this charge, and proceeded, after some explanation of the counsel for plaintiff as to the meaning of the exception, to give instructions which were not excepted to.

There was no error in refusing to give the instruction asked. We had supposed there was no rule of law better settled than that wherever a natural boundary is called for in a patent or deed, the line is to terminate at it, however wide of the coarse called for, it may be, or however short or beyond the distance specified. Cherry v. Slade, 3 Mur., 82. According to this rule, the last line which called for course and distance to a white oak, must be ran straight to the white oak, without regard to the course and distance. There is no error. Judgment of the court below is affirmed, and the defendants will go without day.

No error. Affirmed.