Collins v. . Patterson
Supreme Court of North Carolina
Petition for cartway, tried on appeal from an order of the Board of Supervisors of Charlestown Township, in Swain County, before Timberlake, J., and a jury, at Eall Term, 1895, of SwaiN Superior Court. There was a verdict for the plaintiff, and defendant appealed from the judgment thereon. The facts appear in the opinion of Associate Justice EüRCIies.
1Opinion of the Court
Eukches, J. :
This is a petition for a cartway over the land of the defendant.
To entitle the plaintiff to the relief demanded, he must allege and show (if denied) that he is the owner of and resides upon, or has in cultivation, the land to which there is leading no public road, and that it is reasonable and just that he should have the road prayed for. Code, Sec. 2056. In this case the plaintiff makes all these necessary allegations, but they are denied by the defendant. This raised the issues and, among them, one as to whether the cartway prayed for by the petitioner leads from his land to a…
2Cases cited3 opinions
- State v. . FisherSupreme Court of North Carolina · 1895
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Warlick v. . LowmanSupreme Court of North Carolina · 1889
3Cited by6 opinions
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- Speight v. . AndersonSupreme Court of North Carolina · 1946
- Davenport v. CashSupreme Court of Alabama · 1950
- Kanupp v. LandSupreme Court of North Carolina · 1958
- Wiseman v. . GreeneSupreme Court of North Carolina · 1898
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