Hair v. . Downing
Supreme Court of North Carolina
Civil ACTION, tried before Oilmer, Judge, at November Term, 1886, of CUMBERLAND Superior Court. There was a judgment for the defendant, and the plaintiff appealed. The facts fully appear in the opinion.
1Opinion of the CourtSmith, C. J.
The plaintiff derived title to the land, alleged to have 'been injured by an overflow of water caused by the wrongful act of the defendant; in August, 1882, under the deed of N. L. Ray to him, made on December 4th, 1876, while the defendant obtained title to an adjoining tract from the same proprietor, executed nearly three years previous. This deed, after describing the land as lying on Alligator Swamp and by definite boundaries, annexes thereto these further words: “ together with the privilege of a ditch eight feet wide, to be made, located and constructed so as to do the least damage to…
2Cases cited2 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Woodcock & Vinton v. EsteySupreme Court of Vermont · 1871
3Cited by8 opinions
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Lamb v. . LambSupreme Court of North Carolina · 1919
- Ferrell v. Durham Bank & Trust Co.Supreme Court of North Carolina · 1942
- Combs v. . BrickhouseSupreme Court of North Carolina · 1931
- Jones v. Kramer.Supreme Court of North Carolina · 1903
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