Moose v. . Carson
Supreme Court of North Carolina
Municipal Corporations — Easement— Vested Rights— Constitution — Adverse Possession — Streets—Towns and Cities — Eminent Domain.
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Municipal Corporations — Easement— Vested Rights— Constitution — Adverse Possession — Streets—Towns and Cities — Eminent Domain. This was a civil action for the recovery of land, tried at the Spring Terra, 1889, of the Superior Court of Alexander County, before Clark, J. The land on which the town of Taylorsville, the county-seat of Alexander, is situated, was conveyed to James Thompson, Chairman of the Court of Pleas and Quarter Sessions, and his successors in office, on the 11th of June, 184-7. On the 23d of January, 1888, A. A. Hill, Mayor of the town of Taylorsville, and W. R. Sloan,…
1Opinion of the CourtAvery, J.
(after stating the facts.): It is a well settled principle that where a corporation, acting through its properly constituted authorities, or an individual, sells or conveys a town or city lot, bounded by streets or alleys, marked out on a plat, and the grantee enters upon it and expends money in improving it, he is entitled to a right of way over such street or alley as appurtenant to the land, and any subsequent conveyance by his grantor, or those claiming under him, of the portions of such streets or alleys by which the grantee’s lot is bounded will be held void. Pratt v. Law, 4 Myer’s Fed.…
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