Opinion

Board of Commissioners v. Rowland

  • 220 N.C. 24
  • 16 S.E.2d 401
  • 1941 N.C. LEXIS 457
Court
Supreme Court of North Carolina
Filed
Sep 17, 1941
Status
Published
Author
WiNBORNE
On the bench
WiNBORNE
Cited by
6 cases
Authority
More cited than 69.1%

The opinion

WiNBORNE, J.

The description involved appears to be sufficiently definite to admit of parol evidence for the purpose of identification. See

Self Help Corp. v. Brinkley,

215 N. C., 615 , 2 S. E. (2d), 889 , and cases cited. Compare

Johnston County v. Stewart,

217 N. C., 334 , 7 S. E. (2d), 708 . But such evidence is absent from the agreed case. Hence, unaided in that respect, the description of itself is insufficient to identify the land.

The statute, C. S., 8037, as rewritten in section 4 of chapter 221, Public Laws 1927, in effect when- the tax foreclosure suit in question was pending, requires that, in the published notice, a description of the real estate, which is in fact and in law sufficient, shall be set out.

Plaintiff contends, however, that the question here is controlled by the opinion in

Craven County v. Parker,

194 N. C., 561 , 140 S. E., 155 . There, the description “Richard Parker, 250 acres, Washington Road, No. One Township,” was accompanied by the admission that “this is the only land owned by Richard Parker in Craven County.” This distinguishes it from the one at bar.

*26

In view of the decision here reached, other points raised are not considered on this appeal..

The judgment below is

Beversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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