Zimmerman v. . Robinson
Supreme Court of North Carolina
Civil action for the recovery of land, tried before Gmves, J., aud a jury, at Fall Term, 1893, of Pasquotank Superior Court.
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Civil action for the recovery of land, tried before Gmves, J., aud a jury, at Fall Term, 1893, of Pasquotank Superior Court. The plaintiffs and defendant claimed from a common source, William Messenger, who owned in 1856 lots No. 7 and 8, and that .part east thereof bounded on the north by Fearing street, east by Pasquotank river, south by Pasquo-tank river and Tiber creek, and west by line represented on platas “T” “A” “B.” The plat introduced was as follows: Plaintiffs introduced deed from William Messenger to Benjamin Spruill conveying said described property November 30,18/56, and mesne…
1Opinion of the Court
Avery, J.:
The assignment of error is in the refusal to give certain instructions embodied in the prayer of the plaintiffs and the substitution of a different charge in its stead. The Court instructed the jury at the request of the plaintiffs, (1) that riparian rights are property incident to land abutting on navigable water, and cannot be conveyed without a conveyance of the land to which such rights are incident; (2) that lands covered by navigable water are subject to entry only by persons whose lands abut upon such waters, and can be entered only in straight lines extending from the front…
2Cases cited4 opinions
- Jones v. JohnstonSupreme Court of the United States · 1856
- Newhart v. . PetersSupreme Court of North Carolina · 1879
- Bell v. . AdamsSupreme Court of North Carolina · 1879
- Alexander v. . DavisSupreme Court of North Carolina · 1889
3Cited by9 opinions
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Ford v. . McBrayerSupreme Court of North Carolina · 1916
- Dillingham v. KligermanSupreme Court of North Carolina · 1952
- Martin v. YagerNorth Dakota Supreme Court · 1915
- Atlantic & North Carolina Railroad v. WaySupreme Court of North Carolina · 1915
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