Lowe v. Rhodes

The sole question presented on this appeal is whether the superior court judge committed error in allowing the appellee to take possession of the cartway premises pending trial de novo in the superior court.

Under the provisions of G.S. 136-68, et seq., the clerk of superior court is given the authority to grant or deny to one individual a cartway across the lands of another. G.S. 186-68 also provides that “[f]rom any final order or judgment in said special proceeding, any interested party may appeal to the superior court for trial de novo and the procedure established under chapter 40,…