Sugg v. Town of Greenville
Supreme Court of North Carolina
Appeal by plaintiffs from Connor, J., at tbe April Term, 1915, of Pitt. Special proceeding, begun before tbe clerk for tbe assessment of damages for taking land to be used as a street of tbe town, wbicb was appealed by defendant to tbe Superior Court.
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Appeal by plaintiffs from Connor, J., at tbe April Term, 1915, of Pitt. Special proceeding, begun before tbe clerk for tbe assessment of damages for taking land to be used as a street of tbe town, wbicb was appealed by defendant to tbe Superior Court. Tbe deed from Minnie 0. Sugg to ber eoplaintiff, B. B. Sugg, describes tbe western line of tbe land conveyed to tbe latter as “tbence with Elizabeth (Street) extended, through its intersection with Fifth Street,” and tbe question is, where is this line? Tbe defendant contended that it meant tbe eastern line of Elizabeth Street, if extended tbe…
1Opinion of the Court
Walker, J.,
after stating the case: We have often said that what is the boundary of a tract of land is a question of law, but where it is, we have as often held to be a question of fact. The call in the deed of Minnie 0. Sugg to B. B. Sugg, “thence with Elizabeth extended through its intersection with Fifth Street” does not necessarily mean that the extension must be the full width of the northern or original part of the street, as there is evidence in this case, and strong evidence, too, that Elizabeth Street had been extended below Fifth Street by the town, but not the same width as above,…
2Cases cited8 opinions
- Merriam v. United StatesSupreme Court of the United States · 1883
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- Ward v. Gay.Supreme Court of North Carolina · 1905
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3Cited by7 opinions
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- Franklin v. FaulknerSupreme Court of North Carolina · 1958
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