Doe on Demise of Gainey v. Hays

63 N.C. 497

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Dice, J.

The question of difficulty in this case, is the proper location of the boundary line described in the deed of the lessor of the plaintiff as “the main road from Smith’s ferry to Bass’s ferry on Neuse.” The termini of said boundary line are agreed upon by the parties, and it is unnecessary for -this Court to express any opinion on that question. There are two roads running between said termini, and it is a question for the jury, to determine which road fits the description of said deed. The deed must speak for itself, and parol evidence is inadmissible to show the intention of the grantor by Ms declarations made previous to the execution of said deed.

His Honor in the Court below erred in admitting the testimony of the witness Whitfield Wood, as to the declarations of the grantor made eleven days before the execution of the said deed as to the boundary line in controversy. Patton v. Alexander, 7 Jon. 603.

For this error there must be a venire de novo. Let this be certified.

Pee Cubiam. Venire de novo.