Mebane v. . Patrick
Supreme Court of North Carolina
'Appeal from the Superior Court of Guilford, at Fall Term, 1853, his Honor Judge SauNDERS, presiding. Action on the case of obstructing plaintiff’s private way, in the town of Greensborough. The plaintiff, and those under whom he claimed, had held possession of his lot, which was enclosed up to the border of this alley or way, from the year 1818 up to the time of its obstruction, shortly before the bringing of this action.
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'Appeal from the Superior Court of Guilford, at Fall Term, 1853, his Honor Judge SauNDERS, presiding. Action on the case of obstructing plaintiff’s private way, in the town of Greensborough. The plaintiff, and those under whom he claimed, had held possession of his lot, which was enclosed up to the border of this alley or way, from the year 1818 up to the time of its obstruction, shortly before the bringing of this action. He had an ice house and stables fronting upon this alley, and he could not, without tearing down his own enclosure, get to them, except through the way in question. The…
1Opinion of the CourtPearson, J.
His Honor charged, that, if the plaintiff had “ continuously, and without interruption, used and enjoyed the way ” for more than twenty years, he was entitled to recover. To this the defendant excepts. .There is error.
The charge is correct, so far as it goes; but it does not go far enough. There is another and very essential requisite, in 'order to raise the presumption of a grant. The user must be adverse, and as of right. The attention of the jury was not called to this requisite, and the omission to> do so, makes the instruction erroneous. “ There must be an» adverse possession or…
2Cited by17 opinions
- Dickinson v. PakeSupreme Court of North Carolina · 1974
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Weaver v. . PittsSupreme Court of North Carolina · 1926
- Chesson v. . JordanSupreme Court of North Carolina · 1944
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