Miller v. City of Asheville
Supreme Court of North Carolina
(DEFENDANT’S APPEAL). Civil aotiox, tried before Merrimon, J., and a jury, at August Term, 1891, of BukooMBE Superior Court.
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(DEFENDANT’S APPEAL). Civil aotiox, tried before Merrimon, J., and a jury, at August Term, 1891, of BukooMBE Superior Court. The City of Asheville 'instituted two proceedings, each against the plaintiffs, under the provisions of the charter of the defendant, the City of Asheville, being chapter 3, Acts of 1883, and acts amendatory thereof, for the purpose of condemning certain lands for the purpose of widening North Main street and Pulliam street in said city, and the reports of the juries summoned for such purposes were duly confirmed and approved by the Mayor and Board of Aldermen of the…
1Opinion of the Court
Clauic, J.:
The first- exception of the defendant, which is to the testimony of 0. H. Miller in regard to the plan of the city, already in evidence without exception, is without merit.
The defendant having admitted that James M. Smith died seized in fee-simple of the land; that his will, which was in evidence without objection, had been construed in Miller ex-parle, 90 N. C., 625, and that the plaintiffs wTere the testator’s daughter and grandchildren, and having itself instituted this proceeding to condemn the land, was estopped to deny that the title to the land was in the plaintiffs or some…
2Cases cited2 opinions
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Springfield & Illinois Southeastern Railway Co. v. HallIllinois Supreme Court · 1873
3Cited by31 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1962
- Strouds Creek & Muddlety Railroad v. HeroldWest Virginia Supreme Court · 1947
- Department of Transportation v. RoweSupreme Court of North Carolina · 2001
- Bost v. Cabarrus CountySupreme Court of North Carolina · 1910
- DeBruhl v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1958
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