Roan Mountain Steel & Iron Co. v. Edwards
This text of 110 N.C. 353 (Roan Mountain Steel & Iron Co. v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It being admitted that the locus in quo is within the boundaries of the plaintiff’s deed, and the defendant claiming under an exception made in said conveyance, it is clear that it was incumbent upon him to bring himself within the terms of the exception by proper proofs (Gudger v. Hensley, 82 N. C., 481), and this the defendant has failed to do, as there is nothing in the case to show that any land has been identified as that mentioned in the bond for title. Conced[356]*356ing, therefore what is by no means clear, that the said bond is not void for indefiniteness of description, there is a total absence of any testimony or finding locating the same, and it must follow that the plaintiff is entitled to a
New trial.
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Cite This Page — Counsel Stack
110 N.C. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roan-mountain-steel-iron-co-v-edwards-nc-1892.