# Board of Commissioners v. Rowland

> Supreme Court of North Carolina · September 17, 1941 · 220 N.C. 24

URL: https://www.frixlaw.com/law-library/cases/3677000

## Case

- **Full name:** The Board of Commissioners for the County of Beaufort v. W. J. Rowland.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 17, 1941
- **Citations:** 220 N.C. 24; 16 S.E.2d 401; 1941 N.C. LEXIS 457
- **Precedential status:** Published
- **Opinion:** Opinion of the court by WiNBORNE
- **Judges:** WiNBORNE
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3677000

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3677000. Public record. Not legal advice.