Green v. Miller
Supreme Court of North Carolina
Appeal by defendants from Webb, J., at May Term, 1912, of Beaueoet. Tbis action was brought by J. H. Green, town of Belbaven, Mary A. Woodard, A. W. Carty, and others, against the defendants A. Miller and W. J. Bullock, and the relief sought is a mandatory injunction compelling the defen'dants to desist from obstructing any part of Pungo Street which lies within the corporate limits of Belhaven, and to remove therefrom certain buildings or stables now occupied by the…
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Appeal by defendants from Webb, J., at May Term, 1912, of Beaueoet. Tbis action was brought by J. H. Green, town of Belbaven, Mary A. Woodard, A. W. Carty, and others, against the defendants A. Miller and W. J. Bullock, and the relief sought is a mandatory injunction compelling the defen'dants to desist from obstructing any part of Pungo Street which lies within the corporate limits of Belhaven, and to remove therefrom certain buildings or stables now occupied by the defendant A. Miller. The jury returned the following verdict: 1. Was the defendant Bullock, in 1890, the owner in fee of that…
1Opinion of the Court
Walker, J.,
after stating the facts: It is evident that this case must be decided upon the single question as to whether defendant was a bona fide purchaser for value and without notice of the facts alleged by the plaintiffs to constitute an equitable estoppel, which means that if he is hound thereby, he is concluded from now asserting that he is lawfully within the limits of Pungo Street, west of Pamlico Street, and cannot continue to maintain his stable or other structure. There was much controversy as to whether Pungo Street, Avest pf Pamlico Street, if represented as such on the Bullock…
2Cases cited9 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Collins v. Asheville Land Co.Supreme Court of North Carolina · 1901
- Milliken v. Denny.Supreme Court of North Carolina · 1906
- State v. . FisherSupreme Court of North Carolina · 1895
- Hester v. Traction Co.Supreme Court of North Carolina · 1905
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3Cited by26 opinions
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- State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
- Insurance Co. v. . Carolina BeachSupreme Court of North Carolina · 1940
- Oliver v. ErnulSupreme Court of North Carolina · 1971
- Lee v. WalkerSupreme Court of North Carolina · 1952
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