Pearce v. Waters, 169 N.C. 240 (1915)

Feb. 24, 1915 · Supreme Court of North Carolina

169 N.C. 240

T. M. PEARCE et als. v. W. W. S. WATERS.

(Filed 24 February, 1915.)

Trials — Issues of Fact — Appeal and Error.

The controversy in this case was over the title to a tract of land, depending upon the location of a certain boundary line, with evidence tending to support the contention of both parties, and it is held that the issue presented exclusively a question of fact, submitted under a correct charge of the court, and no error is found on appeal.

Appeau by defendants from Long, J., at December Term, 1914, of WASHINGTON.

Civil action, tried upon these issues:

1. Were the plaintiffs, at the time of beginning this action, the owners of tbe land in controversy represented on tbe Ange map from red 1 to red 2 and back to 1? Answer:. “Yes.”

2. If so, did tbe defendant trespass on said land? Answer: “Yes.”

3. If so, wbat damages are plaintiffs entitled to recover? Answer: “One penny.”

From tbe judgment rendered tbe defendants appealed.

Ward & Grimes for plaintiff.

A. 0. Gaylord, Small, MacLean, Braga/w & Bodmcm for defendant.

Per Curiam.

Tbis is an action of trespass to determine tbe title to a small piece of gallberry, bear-grass land, represented on tbe Ange official map by a small triangle between red 1 and at tbe circle of white G and red 2, or white D and red 5 or red 3 and back to red 1. Tbe title of tbe land depends solely upon tbe location of one line of the John Gray Blount 9,000-acre grant, tbe material calls of which are as follows: “Thence north 60 west 600 poles to the highland on which tbe road passes and to tbe east of Milady Hole Swamp; thence with tbe highland tbe various courses thereof, to Moore and Jackson’s corner, near tbe mouth of Flat Swamp, on tbe south side thereof,”

Tbe plaintiffs contend that tbe line north 60 west 600 poles runs to A on tbe map, although in order to run to A tbe polage must be extended 190 poles in order to reach the highland on which the road passes to the east of Milady Hole Swamp.

The defendants contend that the line north 60 west 600 poles stops at the end of the polage by operation of law, and that the judge should have so charged the jury to find the location to be at the end of the polage, and to run the next call of the grant along the eastern end of the islands to G. i

The defendant further contends that there is evidence of a road and highland near where the polage gives out. We have examined carefully the evidence and the charge of the court, and we find that there is evidence tending to prove that there were high lands and a road, which answers the contentions of the plaintiff; and also high land and a road near where the polage gives out, which answers the contentions of the defendant. We think his Honor very properly left the question to be determined by the jury as to which high lands and road east of Milady Hole Swamp were intended to meet the description in the grant.

His Honor submitted the matter to the jury under the well settled decisions of this Court, and in a charge free from error. The matter seems to be one almost exclusively of fact, and we find nothing in the record which necessitates another trial.

No error.