CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF NORTH CAROLINA, AT RALEIGH. SEPTEMBER TERM, 1892. A. W. SHAFFER v. A. & M. HAHN. Boundary-Corporation-Deed, Execution and Probate ofEvidence-Banks, National. 1. A copy, duly certified, of the organization of a National banking association, under §§ 5133, 5134, Rev. Stat. U. S., is sufficient evidence of the corporate existence of such organization. 2. A deed from a corporation, properly executed and containing in its body the true name of such corporation, is not rendered invalid by the recital therein that it is made by "the President and Directors" of the corporation, as these words may be rejected as surplusage. 3. Where a deed was signed by one representing himself to be the Presiident of a corporation, and the probate thereof recited the fact that the proofs showed such person was, in fact, such officer: Held, that it was not necessary, upon a trial involving title under the deed, to offer further evidence of the official character of the person signing the deed. 4. Where there is a subscribing witness to a deed, its execution may be proved by such witness without the acknowledgment of such maker. SHAFFER V. HAHN. 5. If the calls of a deed are sufficiently definite to be located by extrinsic evidence, that location cannot be changed by parol agreement, unless it was contemporaneous with the making of the deed. 6. Where a deed contains conflicting, or even irreconcilable descriptions, that interpretation will be given it which will support it if possible, and that description will be adopted which will carry out the certain intent of the maker. This was a CIVIL ACTION, brought to recover land, tried at Fall Term, 1890, of the Superior Court of BEAUFORT County, Connor, J., presiding. Both parties claimed title through Noah W. Guilford, who was admitted to have been the owner of the land in controversy prior to September 1st, 1871, when he executed a deed to his son Charles F. Guilford, who, in turn, conveyed to the defendants by deed, dated December 22d, 1879, referring to the deed executed by Noah W. Guilford to himself for description. The plaintiff, to show title in himself, offered— 1. A Sheriff's deed, dated January 6th, 1872, to Samuel T. Carrow, reciting a levy and sale by sundry executions 2. A deed of trust from S. T. Carrow and wife to John C. Blake, dated December 24th, 1873, conveying the land in controversy. 3. A deed of trust from J. C. Blake, trustee, to the Raleigh National Bank of North Carolina, dated January 31st, 1876. 4. A certified copy of an organization certificate of the Raleigh National Bank of North Carolina, dated October 224, 1872. 5 A deed from said bank to the plaintiff A. W. Shaffer, dated October 31st, 1883. The boundary DUO P Q BC, indicated by dotted lines on the plot, shows the possession of the defendants, covering two hundred acres. The plaintiff Shaffer contends that defendants' boundaries include only 38.2 acres, beginning at SHAFFER V. HAHN. D on plot and running thence to U; thence, with Gainor's line 100 poles to Fig. 1; then south 160 poles to Bridgeman's line (but the line run south actually reached Bridgeman's line at a distance of 130.5 poles at Fig. 2); thence to the beginning. The plot of the surveyor is made a part of the statement. The deed, purporting to be a conveyance from the Raleigh National Bank, was signed by E. G. Reade, President; Charles H. Belvin, Director, and W. G. Upchurch, Director. The probate of said deed was as follows: "NORTH CAROLINA-WAKE COUNTY: On this, the 1st day of November, A. D. 1883, personally came before me, D. Reid Upchurch, an acting Justice of the Peace of said county, Fabius H. Briggs, who, being duly sworn, sayeth that he knows the common seal of the Raleigh National Bank, of Raleigh, North Carolina, and is also acquainted with E. G. Reade, President of said bank, and also with Charles H. Belvin and W. G. Upchurch, two of the SHAFFER V. HAHN. Directors of said bank, and that he, the said Fabius H. Briggs, saw the said E. G. Reade, President as aforesaid, affix said. seal to the annexed deed, and also saw him and the said Charles H. Belvin and W. G. Upchurch sign the deed, and that he, the said Fabius H. Briggs, became a subscribing witness to the said deed in their presence. Witness my hand and private seal, the day and year first above written. (Signed) D. REID UPCHURCH, J. P. [Seal.]” The foregoing certificate of D. Reid Upchurch, a Justice of the Peace of Wake County, is adjudged to be correct, and I certify that D. Reid Upchurch is an acting Justice of the Peace of said county, and that his signature thereto is in his own handwriting. Witness my hand and official seal, this 1st day of November, 1883. CHAS. D. UPCHURCH, "BEAUFORT COUNTY, N. C. : Clerk Superior Court." It appearing to my satisfaction, from the foregoing certificate of D. Reid Upchurch, a Justice of the Peace for Wake County, and from the certificate and official seal of Chas. D. Upchurch, Clerk of the Superior Court of said county of Wake, that the foregoing deed of conveyance has been duly executed. It is adjudged that the same, with the certificates, be registered. This 22d day of September, 1885. "Received in office at 11 A. M., registered September 24th, 1885. C. WILKENS, September 22d, 1885, and Register." 6. The defendants then showed by the testimony of several witnesses, that in 1872, the said S. T. Carrow then own |