State v. . Logan

MerriMON, J., (after stating the facts). The purpose of *456 the description of property in a deed, or other instrument of conveyance, is to designate and point out the particular property intended to be conveyed as distinct from other property, and particularly from other property of the same and like kind, so that it may be identified, when need be, bjr proper evidence. It is essential that the deed itself shall, in terms or effect, so designate the property intended to be embraced by it, else it will be void for uncertainty as a conveyance, although in some cases it might be sufficient as an agreement to convey. The deed, as such, can ordinarily operate only on separate and distinct things. The description is sufficient when it in terms, or by reasonable implication arising from the facts stated in respect to its circumstances, relations and connections, designates the property, so that it can be certainly seen or ascertained. Moreover, such just interpretation must be given to the description as will effectuate the intention of the parties, if this can be done consistently with the rules of law. Now, applying what we have said, we think the description of the tobacco in question in the deed mentioned was sufficient. It was designated as “ my tobacco crop, to be grown this year on my own landthat is, all the tobacco crop to be grown by the mortgagor on the land he cultivated and claimed as his own that year. The land and the crop were further designated by the further reference to “ my (his) land,” part of which he had leased to his tenants, Gentry and Jones, the same year, “ all on my (his) own lands.” Although the mortgagor had but a bond for title to the land, he was not a mere lessee of some other person ; from the nature of the matter, and the manner of reference to it, he treated and claimed it as his own, and that was sufficient to designate “ my (his) tobacco crop.” The deed of mortgage upon its face plainly, in effect, as it seems to us, designates the mortgagor’s crop of tobacco to be grown bjr him, during the year specified, on the land claimed *457 by him as his own, part of which he leased to the tenants named, and also the rents that would come to him from them, as the property conveyed. The mention of the number of acres to be cultivated, was a mere stipulation that the crop would probably be quite as much as contemplated by the parties, and so as to the rents; but whatever the crop and rents might turn out to be, the whole was certainly described as the property — the tobacco sold, and conveyed. The Attorney General cited Woodlief v. Harris, 95 N. C., 211; State v. Garris, 98 N. C., 733, as strictly in point; and so they are. There is no error. Affirmed.