Troy v. . Norment
Supreme Court of North Carolina
Appeal from an interlocutory decree, made by his Honor, Judge Caldwell, at the Spring Term, 185C, of the Court of Equity of Robeson County.
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Appeal from an interlocutory decree, made by his Honor, Judge Caldwell, at the Spring Term, 185C, of the Court of Equity of Robeson County. The plaintiff owns a small tract of land, of about eleven acres, adjoining the town of Lumberton, on which he resides, through which there flowed a sluggish expanse of water, creating much swamp-land and marsh ; but by cutting ditches in several directions, he had caused the water to flow off freely, and had, in a great measure, reclaimed this marsh, so as to make it fit for cultivation. Tlie defendant owned a larger tract of land, adjoining tlie…
1Opinion of the CourtNasu, C. J.
The doctrine of injunctions, as a branch of Equity jurisdiction, has been so often before this Court, and the difference between a common and a special injunction, so plainly pointed out, that it cannot be necessary to discuss the matter here.
The plaintiff is the owner of a small tract of land, containing eleven acres, which lies below, and contiguous to, a large tract belonging to the defendant. The jolain-tiff has cut ditches to drain his land, which are sufficient for that purpose. Upon the defendant’s land there are several large ponds and bays, and to drain them be is cutting ditches,…
2Cited by4 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Sanders v. Rocky Mount Insurance & Realty Co.Supreme Court of North Carolina · 1922
- Zeiger v. . StephensonSupreme Court of North Carolina · 1910
- Person v. . PersonSupreme Court of North Carolina · 1911