Wachovia Bank And Trust Co. V. Miller

The controversy in this cause is the proper location of the boundary line between two adjacent lots. It is so stated in the briefs of the parties. Penn Mutual Life Insurance Co., by deed dated 21 June 1943, conveyed to Thomas Cavalaris and John J. Lampros a certain lot, they conveyed by deed this lot to E. C. Griffith, and he conveyed it by deed to plaintiff. In all of these deeds the rear or eastern boundary line of this lot is described as the Springs line. Plaintiff contends that the line B-D shown on the plat attached to the complaint, marked Exhibit A, is the Springs line: the defendant contends the line E-F shown on the same plat is the Springs line. The land in dispute is a rectangular tract of land 5.44 feet wide and 100 feet long. According to these deeds, the rear or eastern boundary line of plaintiff's lot is the Springs line. Where the Springs line is actually located on the premises is an issue of fact. Lance v. Cogdill, 236 N.C. 134, 71 S.E.2d 918; Greer v. Hayes, 216 N.C. 396, 5 S.E.2d 169; Davidson v. Arledge, 88 N.C. 326.