Legal Opinion

Elizabeth City v. . Commander

Supreme Court of North Carolina

Decided September 11, 1918PublishedCited by 24 opinions

Appeal by defendant from Whedbee, J., at Special June Term, T918, of PASQUOTANK. This is an action to have what is known as Dyer Street, in Elizabeth City, declared a public street, and to prevent the defendant from obstructing the same.

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Appeal by defendant from Whedbee, J., at Special June Term, T918, of PASQUOTANK. This is an action to have what is known as Dyer Street, in Elizabeth City, declared a public street, and to prevent the defendant from obstructing the same. The land covered by Dyer Street is a part of 17 acres of land formerly . belonging to J. W. ITinton, and by successive conveyances the title to the whole 17 acres was vested in Bush & Lippincott in 1881. In July, 1881, Bush & Lippincott had the land surveyed and platted and subdivided into lots which were numbered, and streets which were named, including Dyer…

1Opinion of the CourtAlleN, J.

Tbe defendant concedes that tbe survey and plat made by Busb & Lippincott, subdividing tbe land into lots and laying off streets tbereon, including Dyer Street, was an offer to dedicate tbe street to tbe use of tbe public, and that if this offer bad been accepted by tbe city, or if lots bad been conveyed calling for tbe streets, before tbe revocation of tbe offer by Busb & Lippincott, tbe offer would then have been irrevocable ; but be contends that there was no acceptance of offer and no deed calling for streets executed prior to tbe execution of tbe deed to Berry on 15 September, 1882, and…

2Cases cited6 opinions

  1. Gudger v. White.Supreme Court of North Carolina · 1906
  2. Sexton v. . Elizabeth CitySupreme Court of North Carolina · 1915
  3. Euliss v. . McAdamsSupreme Court of North Carolina · 1891
  4. Wheeler v. Charlotte Consolidated Construction Co.Supreme Court of North Carolina · 1915
  5. Den on Dem. of Everitt v. ThomasSupreme Court of North Carolina · 1840

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Insurance Co. v. . Carolina BeachSupreme Court of North Carolina · 1940
  2. Lee v. WalkerSupreme Court of North Carolina · 1952
  3. Kaperonis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
  4. Irwin v. City of CharlotteSupreme Court of North Carolina · 1927
  5. Myers Park Homes Co. v. FallsSupreme Court of North Carolina · 1922

19 more not listed; retrieve them via the Exa API.

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