The defendant relies upon two exceptions: (1) That the deeds under which the plaintiffs claim are void for insufficiency of description. (2) That there is no evidence of negligence.
The location of the land by the particular description contained in the deed is difficult, if not impossible, because the only fixed and defined corner is the mouth of Beaver ‘Dam, and if you undertake to reverse the lines from that corner down the run of Maxwell, you do not know where to stop, as the length of the line on Maxwell is not given and the terminus is a stake.
"We can, however, discard this part of the deed, and the general description of “a certain tract or parcel of land in Rose Hill Township, Duplin County, adjoining the lands of this grantor, Stokes "Wells, and others, and being on the south side of Maxwell and Beaver Dam creeks,” is sufficient to sustain the deed. Farmer v. Batts, 83 N. C., 387; Perry v. Scott, 109 N. C., 374.
In the last case it was held that “A description of land in a deed as ‘lying and being in the county of Jones and bounded as follows, towit: On the south side of Trent River, adjoining the lands of Colgrove, McDaniel, and others, containing 360 acres, more or less/ is not so vague and indefinite as to render the conveyance void, but may be aided by parol evidence.”
The evidence as to the origin of the fire, and as to the foul condition of the right of way, was fully as strong as in Williams *104 v. R. R., 140 N. C., 624, in which it was held sufficient to sustain a verdict against the defendant establishing negligence and liability. We find
No error.