Latta v. . Bell

Citations

• 30 S.E. 15
• 122 N.C. 641
• 1898 N.C. LEXIS 321

Syllabus

<p>Chattel Mortgage — ■Description—Construction of Deed —Mistake—Evidence.</p> <p>1. Where a chattel mortgage conveyed all the property in the “room or rooms known as the ‘B. Hotel Bar’ or the ‘B. Hotel Billiard Iioom’ and the ‘B. Hotel Barbershop’,” it cannot he construed to include liquors from which the bar was supplied but which were in a cellar on a different floor from and unconnected by door or otherwise with the bar-room, billiard room and barbershop. Such description was not ambiguous and should not have been submitted to the jury.</p> <p>2. The fact that, on the morning on which a chattel mortgage was executed, the mortgagor promised to include certain property is not evidence that it was omitted from the mortgage through the mutual mistake of the parties or the inádvertance of the draughtsman.</p>