Morganton Land & Improvement Co. v. Webb
Supreme Court of North Carolina
This was an application by the plaintiff for the continuation of an injunction heard before his Honor, Bryan, J., at Chambers in Morganton, N. C., on August 24th, 1895. His Honor, after considering the pleadings, affidavits and arguments of counsel, refused the motion for an injunction and dissolved the restraining order, and plaintiff appealed. The grounds upon which the injunction was asked are stated in the opinion of Chief Justice EaiRoloth.
1Opinion of the Court
Faircloth, C. J.:
This is an action of trespass on land and an application for injunction to prevent'an irreparable damage. The ownership of the land in the plaintiff is admitted and the alleged entry also, and the defendant avers authority to do so under the Act of Assembly 1879 Cb. 146, for the better drainage of the low lands of Silver Creek, which enters the Catawba river on its South side. The -waters of the two streams flowing in nearly opposite directions cause the water of the creek to back up stream and overflow the lowlands.
*480Opposite the locus in quo is an island in the river. The…
2Cases cited1 opinion
- Frink v. . StewartSupreme Court of North Carolina · 1886
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