E.D. Harper v. Christie, Hutchinson Burton Co.

Safret v. Hartman
50 N.C. 185 (N.C. 1857) Cited 9 times
In Safret v. Hartman, 50 N.C. 185, the Court says, on page 189: "His Honor charged `that notwithstanding the black oak was not called for in the deed, yet if it was marked as a corner to the land conveyed at the time of the conveyance, the line should be extended to it, regardless of course and distance.
Fleming, for the plaintiff. Jones, for the defendant, cited Cherry v. Slade, 3 Murph. Rep. 86, reviewing the cases of Bradford v. Hill, 1 Hay. 22, Burton v. Christie, 2 Tay. 118, Standen v. Bains, 1 Hay. 238, Person v. Rountree, Mart. Rep. 18, S.C. 1 Hay. 378, Johnson v. House, 2 Hay. 301, Blount v. Benbury, 2 Hay. 353, _____ v. Beattie, 1 Hay. 376. He also cited Reed v. Shenck, 2 Dev. 76. The lessor of the plaintiff and the defendant, both, claimed title under George M. Hartman; the former by a deed to James Bean, dated 5th of February, 1850, and from Bean to plaintiff's lessor by deed, dated 21st of January, 1852. The defendant's deed was dated in 1845.