The description of the land devised to the defendant as “the homestead tract” presented the case of a latent ambiguity, as it was uncertain what land was intended to be included under that designation, after it appeared that the 200-acre tract and the first, second, and third tracts described in the petition were adjoining tracts, and that the lands were acquired under different descriptions and at different times. Sherrod v. Battle, 154 N. C., 353. It was then permissible to introduce extrinsic evidence to fit the description, and for that purpose the declarations of the testator at the time of making the will and at other times, and his manner of dealing with the land, as by listing for taxation as one tract, were competent evidence. Kincaid v. Lowe, 62 N. C., 42; McLeod v. Jones, 159 N. C., 76.
The map is not sent up as a part of the record, and we cannot see that there was error in its exclusion. If, as may be inferred, the ruling of the court was because the surveyor had not followed the order under which he was acting, and had marked on the map his conclusions, his Honor properly refused to admit it as evidence. The other questions asked the surveyor are either as to irrelevant matters or the relevancy of the evidence offered does not appear to us.
*603The deeds introduced showed that the lands were conveyed to Benjamin Eulwood at different times and by different descriptions, and all the evidence was to the effect that the buildings were on the 200-acre tract.
When a witness is asked, “Is there a branch separating the 200-acre tract which you surveyed and Tract No. 1, which you surveyed?” “What separates Tract No. 3 from the 200-acre tract?” “What, if anything, in the nature of a natural boundary divides these two tracts from each other?” without other statement as to what would be the testimony of the witness, and as to its materiality, it is impossible for us to say there is prejudicial error.
The other exceptions require no discussion. The whole controversy was one of fact, which has been determined by a jury, and we find no error upon the trial.