(after stating the case). There seems to be but one defence. That is manifestly unlenable, since the ancestor parted with all his estate and interest in the lands acquired under the Marshal’s dt-ed in his deed made there■after to Benjamin J. Midgett; and, if comprised within the boundaries of his deed to the jtmc plaintiff, the title has been transmitted to her. The claim of the defendants is thus without support, and if this were the only issue arising under the pleadings, it. would terminate the controversy. But the assertion of title in the defendants involves a denial of title in the plaintiffs, and this must be established in order to a recovery of the land so adversely claimed. It becomes necessary, therefore, to inquire into the sufficiency of the descriptive words contained in the deed to thefeme plaintiff, as affected by the clause of reservation, for if this be inoperative to restrain the preceding description of boundaries, the land in dispute is conveyed to her. This is the only point presented in the record for our determination.
The cases which have been decided in this Court in which the effect of such an exception in limiting the import of words that define a boundary within which it is contained, cited in the argument and reviewed in Gudger v. Hensley, 82 N. C., 481, do not sustain the contention that such an exception as the present is inoperative and void.
In McCormick v. Monroe, 1 Jones, 13, the exception was, “including two hundred and fifty acres previously granted, which is excepted in this grant,” and it was held to be ineffectual to restrain the grant and exclude any portion of the territory from the defined boundaries, the exception being too vague and uncertain, in that there is nothing in the grant to show to whom the land had been previously granted, nor in what part of the land within the boundaries it was located.
*17In an opinion delivered by PbarsoN, J., in the case, he deems even this general expression sufficient to admit of identification of the reserved part by the aid of external proofs, the production of which rested upon the defendant, upon the principle “id certnm, est quod cerium reddi potest.” The language of the present deed in designating the excluded parts is much more definite and plain in its purpose, for it mentions the name of the grantor, and the deed was produced at the trial, and is among the findings of fact upon which the ruling complained of is based. So, as it was capable of being identified, and has been identified by the reference, the conditions necessary to withdraw the part intended to be excepted are met, and the deed, in legal effect, only conveys the residue.
The plaintiff not, therefore, obtaining title to the land mentioned in the deed of Talbot Selby, cannot recover it of the defendants, because, irrespective of the alleged fraudulent intent that pervades the conveyance, the title thereto does not vest in the plaintiffs. There is no error, and the judgment must be affirmed. Affirmed.