Supreme Court of North Carolina June 5, 1849 (Stamper v. . Hawkins)

Nash, J.

The mistake of the defendant in this case, in refusing to have the land in controversy resurveyed, rest§, apparently, upon an opinion formed by him, that, as the agreement of the 27th of January 1843 required the number of acres, contained in the tract, to be ascertained from the field notes of Lewis Reavis, the parties were bound by them, so that neither was at liberty to depart from