Bauskett v. Jones

Citations

• 29 S.C.L. 68

Syllabus

<p>1. Defendant sold to plaintiff a tract of land, in gross, for a round sum, described as containing 1328 acres, more or less, contained within lines whose course, distance and termini or corners, were given severally, and bounded by Savannah River, and certain lands, for all which, reference was made to a plat annexed, Upon a re-survey, some of the lines were found to be shorter than their distance set down in the deed and plat, the quantity, from this cause, or from an inaccurate delineation of the river by the surveyor who made the plat annexed to the deed, being less than 1328 acres.</p> <p>2. In an action of covenant on the usual general warranty of the premises, it was contended that although the number of acres mentioned were but part of the description, not itself sufficient to raise a warranty of quantity, or to control what without it was certain, yet as the lines specified would, if run from the beginning comer, according to the courses and distances given, enclose the quantity mentioned, and so include fragments outside of the actual lines of the tract as enjoyed, that, therefore, to the extent of the deficiency thus made, there was a breach of the warranty. Held to be still a question of description, and that plaintiff was not entitled to recover.</p> <p>3. Where nothing besides course and distance are given, they fix the lines. But where the termini of the lines ascertained by natural or artificial marks are given, the course and distance are controlled, and lines ascertained by known boundaries, or other descriptive circumstances, are preferred to those which can be found only by the compass and chain,</p> <p>4. On a mere question of construction, it cannot be said that a line found is not the line described, because the course or distance varies, when the marked trees, the roads, the river, the boundaries or other characteristic, more certain than course and distance establish it.</p> <p>5. Cases as to warranty collected and considered as to the par