Bowling v. . Burton
Supreme Court of North Carolina
This is a civil action, tried before Shipp, J., at August Term, 1888, of PersoN Superior Court. The following is a copy of the plaintiff’s complaint : 1st. That on the 28th day of March, 1888, by a certain deed, which is hereto annexed and asked to be taken as a part of this complaint, the defendant A. J. Burton and Nannie L. Burton his wife, for a valuable consideration therein stated, bargained, sold and conveyed to the plaintiff a certain tract or parcel of land'described…
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This is a civil action, tried before Shipp, J., at August Term, 1888, of PersoN Superior Court. The following is a copy of the plaintiff’s complaint : 1st. That on the 28th day of March, 1888, by a certain deed, which is hereto annexed and asked to be taken as a part of this complaint, the defendant A. J. Burton and Nannie L. Burton his wife, for a valuable consideration therein stated, bargained, sold and conveyed to the plaintiff a certain tract or parcel of land'described as follows : “ All of their interest (the said interest being one undivided half) in a certain tract or parcel of land…
1Opinion of the Court
Merrimon, J.,
(after stating the ease). We do not doubt that the injured party can maintain an action in a proper case for a breach of the covenant of warranty of the title in a deed conveying a tract of land, on which is situate a mill and a dam connected therewith that embraces an easement as to ponded water, occasioned by such dam or back-water therefrom, on an adjoining tract of land of another person, and like easements incident and necessary to the free use and beneficial enjoyment of the mill and dam conveyed, although such easements are not expressly mentioned in the deed or covenant.…
2Cases cited2 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Adams v. . ConoverNew York Court of Appeals · 1882
3Cited by18 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Spruill v. NixonSupreme Court of North Carolina · 1953
- Mizzell v. . RuffinSupreme Court of North Carolina · 1896
- New Bern Banking & Trust Co. v. DuffySupreme Court of North Carolina · 1911
- Packard v. . SmartSupreme Court of North Carolina · 1944
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