Plotkin v. Realty Bond Co.

157 S.E. 870, 200 N.C. 590, 1931 N.C. LEXIS 390

Opinion

Stacy, C. J.

The issues are either in conflict or they are not determinative of the controversy. For this reason a new trial must be awarded. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.

The third issue was apparently answered on the principle announced in Person v. Rountree, 2 N. C., 378, and consistently followed in this jurisdiction, that a grantee of lands will take according to the boundaries actually surveyed and pointed out at the time, notwithstanding a mistaken description inserted in the deed (Clarke v. Aldridge, 162 N. C., 326, 78 S. E., 216), but the answer to the fourth issue seems to negative this theory. Wood v. Jones, 198 N. C,., 356, 151 S. E., 732.

It is conceded that the calls in the deed do not carry the description to the boundaries named in the third issue, and the question of alleged fraud was not submitted to the jury. Two causes of action are set out in the complaint, but the verdict, as it stands, establishes neither of them. Hence, the trial is inconclusive in its effect. Holler v. Tel. Co., 149 N. C., 336, 63 S. E., 92. A verdict, whether upon one or many issues, should establish facts sufficient to enable the court to proceed to judgment. Chapman-Hunt Co. v. Board of Education, 198 N. C., 111, 150 S. E., 713.

New trial.