Virginia Trust Co. v. City of Asheville

Stacy, 0. J.

When real estate is damaged through the negligence of a municipality, will notice of such damage given by the owner of the land in accordance with the city charter inure to the benefit of the trustee in the first lien created by a deed of trust thereon ?

Defendant had no notice of plaintiff’s claim, or that plaintiff would make claim for damages, until nearly two' years after the alleged injury. Nothing else appearing, failure to give notice as required by the city charter defeats the action under the decisions dealing with this and similar charter provisions. Dayton v. Asheville,…