Taylor, Judge.
Where a course and distecas is called for, and also a line of another tract, the distance is to be disregarded, if the line called for can be found ; si it cannot, you must stop at the end of the distance.
Verdict for the defendant»
Smith v. Murphy, 3 N.C. 183, 2 Hayw. 183 (1802)
July 1802
·
North Carolina Superior Court
3 N.C. 183, 2 Hayw. 183
Smith vs. Murphy.
npRE5>P*$.S3. Square c/susam frugii and liberum tefiemettfam pleaded.
The defendant produced in evidence tv/o deeds ; The third1, course of the latter deed called for 42 poles to a corner standing m. the other tract. Forty-two poles were completed before arriving at the first tract. If the last line of the second tract should 'fee drawn from the point where the fort)-two poles were completed ; the land which the plaintiff had obtained a grant for was sioi within any of the defendant's deeos 5 but U the line be extended beyond the 42 poles to an intersection with the lines of the other tract, then the land claimed by the plaintiff was covered by the defendant's second deed.