Bryant v. Vinson, 3 N.C. 3, 2 Hayw. 3 (1779)

Oct. 1779 · North Carolina Superior Court

3 N.C. 3, 2 Hayw. 3

Bryant vs. Vinson. Ejectment.

A TRACT, of 640acres had been granted, then 320 acres sold ■ off by an uncertain description, then the remaining 300, “ running along a path to a branch, then down the branch to its “junction with another branch, then up the latter branch to the a path, and along the path to a corner on the opposite extremity “ of the tract, and so around to the beginning.”' The bargainee of this latter tract bargained and sold to another; beginning as in the former deed and running to the branch, thence to the corner (before described) on the opposite extremity.

Williams Judge.

The plaintiff’s counsel contend, that by the description in the latter deed, the line was intended to run as described in the former — -down the first branch,then up the second, and thence along the path to the corner. But the word thence is not a term of relation j it does not refer to the boundaries in the former deed. Thence to a corner can mean nothing but a direct line from the former to the latter point. To deviate from the former point immediately and return by another lino to the direct one from that to the latter, and then along the direct line is not warranted by the term thence to the beginning.

Haywood Judge assented; but the Jury found otherwise.