WAGNER v. BAUMAN

No. 309.

119 S.E.2d 481 (1961)

254 N.C. 594

Lewis C. WAGNER and Bessie M. Wagner, v. Fred C. BAUMAN and Elizabeth S. Bauman.

Supreme Court of North Carolina.

May 3, 1961.


Attorney(s) appearing for the Case

Louis H. Smith, Boone, and Alfred R. Crisp, Lenoir, for plaintiff-appellees.

Wade E. Brown, Boone, and Hal B. Adams, Lenoir, for defendant-appellants.


RODMAN, Justice.

The 7-acre tract was conveyed to plaintiffs by C. R. Spann and wife by deed dated 11 October 1955. The description conforms to a survey made by I. A. Bumgarner on the day the deed is dated. The description as here pertinent is: "to a stake in the branch, Greene and Spann corner; thence up with the branch as follows: (courses and distances) to a point in the middle spring; thence North 85 West 26 poles to an iron stake by the road * * *"

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