Wool v. Town of Edenton
Supreme Court of North Carolina
Civil actios, beard on complaint and demurrer before Bynum, J, at Spring Term, 1893, of Chowan Supérior Court. The plaintiff, as the owner of a lot of land in the town of Edenton, fronting on Edenton bay, sought by his action to compel the location by the town authorities, of the deep-water line in front of his property as provided by section 2751 of The Code.
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Civil actios, beard on complaint and demurrer before Bynum, J, at Spring Term, 1893, of Chowan Supérior Court. The plaintiff, as the owner of a lot of land in the town of Edenton, fronting on Edenton bay, sought by his action to compel the location by the town authorities, of the deep-water line in front of his property as provided by section 2751 of The Code. The action was brought against the individual members of the Board of Councilmen,as well as against the “Board of Counoilmen.” One allegation of the complaint was as follows: “That the Board of Council men of said town did on the __ day…
1Opinion of the Court
Shex’Herd, C. J.:
It is provided by The Code, § 2751, “that persons owning lands on any navigable sound, river, etc., for the purpose of erecting wharves on the side of the deep water thereof, next to their lands, may make entries of land covered by wa'er adjacent to their own, as far as the deep water of such sound, river, etc., and obtain title as in other cases, * * * and when any such entry shall be made in front of the lands in any incorporated town, the town corporation shall regulate the line on deep water to which entries may be made.” The performance of the duty thus imposed upon the…
2Cases cited2 opinions
- Burns v. . Ashworth .Supreme Court of North Carolina · 1875
- Wool v. SaundersSupreme Court of North Carolina · 1891
3Cited by2 opinions
- Wool v. Town of EdentonSupreme Court of North Carolina · 1894
- Wool v. Town of EdentonSupreme Court of North Carolina · 1895