Batts v. . Cary and Cary v. . Batts

In the Spring of 1925, the town of Cary undertook to .install a system of municipal waterworks, including a sewage disposal plant, and, in doing so, entered upon the lands of J. E. Batts and wife and began the cutting of a trench preparatory to laying pipe, etc. On 6 May suit was started by Batts and wife to enjoin the town from proceeding further and for damages. It was alleged and denied that Batts and wife had consented for the agents of the town to enter upon their lands. On 28 May, the town of Cary instituted a condemnation proceeding in the Superior Court of Wake County in order that it…