Smith v. Moore

Much of the difficulty of determining the applicable legal principles stems from the failure to plainly and concisely state the facts as required by G.S. 1-122 and 135. This failure seemingly beclouded the determinative issues. Giving the pleadings that liberal interpretation required by statute, G.S. 1-151, these issues arose: (1) Was the road from defendants’ residence to the Adams Creek Road, when C. C. Smith conveyed to his children, a neighborhood road as defined by G.S. 136-67? (2) If not, was it appurtenant to the property now owned by defendants?

Plaintiff alleged the road was not…