Boyden v. . Achenbach
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1878, of Rowan Superior Court, before Kerr, J. The plaintiff claimed that he was entitled to a right of way and had acquired an easement over the land of the defendant, and that defendant had obstructed the same.
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Civil Action tried at January Special Term, 1878, of Rowan Superior Court, before Kerr, J. The plaintiff claimed that he was entitled to a right of way and had acquired an easement over the land of the defendant, and that defendant had obstructed the same. The defendant in his answer denied the plaintiff’s allegation, and insisted that if he ever possessed such right, it was lost by operation of the statute of limitations. . The plaintiff introduced evidence tending to show that he and those under-whom he claimed had peaceably and of right, and adversely to all persons for forty years, so…
1Opinion of the CourtReade, J.
In England there were three kinds of public-ways, one called “ iter ” over which the public passed on foot; another called “actus” over which they passed on foot and on horseback; and a third called “-via” over which they passed on foot and on horseback and in vehicles with wheels. State v. Johnson, Phil. 140. Coke Litt. 56, a, b, Bacon, Ab. In that old and thickly populated country where lands were of great value, the rights of the public and of individuals were sharply defined, and all of these roads were important. The “via” however was most im~ portant and by pre-eminence was called the…
2Cited by34 opinions
- West v. SlickSupreme Court of North Carolina · 1985
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Milliken v. Denny.Supreme Court of North Carolina · 1906
- State v. . FisherSupreme Court of North Carolina · 1895
- Weaver v. . PittsSupreme Court of North Carolina · 1926
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