Ingraham v. . Hough
Supreme Court of North Carolina
Appeal from tbe Superior Court of Anson County, at Spring Term, 1853, his Honor Judge Dioic presiding. This was an action on the case for obstructing a PRIVATE way. The plaintiff claimed on two grounds: 1st, by prescription, and 2d, by a user for twenty years, from which the law presumed a grant.
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Appeal from tbe Superior Court of Anson County, at Spring Term, 1853, his Honor Judge Dioic presiding. This was an action on the case for obstructing a PRIVATE way. The plaintiff claimed on two grounds: 1st, by prescription, and 2d, by a user for twenty years, from which the law presumed a grant. The facts of the case, as disclosed in the evidence, were as follows: — William Hough, under whom the defendant claimed, was the owner of two tracts of land in the year 1822, and in that year conveyed one of them containing thirty acres to his brother, John Hough, under whom the plaintiff claims.…
1Opinion of the CourtBattle, J.
We are clearly of opinion, that the plaintiff has no just cause of complaint against his Honor, for the instructions which he gave to the jury, or for those which he refused to give them. The first instruction prayed, assumed, that the plaintiff and those under whom he claimed, had used a way over the land of those under whom the defendant claimed, for twenty years and more, and insisted, that from such enjoyment the law presumed a grant of the easement. . Supposing that the facts were as assumed, it lias been settled in this State, that the legal consequence is not such as contended for by…
2Cited by15 opinions
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- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
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