Yates v. Dixie Fire Insurance
Supreme Court of North Carolina
Appeal by defendant from Long, J., at March. Term, 1917, of Gutleokjd. In Yates v. Ins. Go., 166 N. 0., 134, as to the same subject-matter, the plaintiffs had obtained an order restraining the defendant from erecting a building over an alleyway, and they appealed from the order dissolving it.
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Appeal by defendant from Long, J., at March. Term, 1917, of Gutleokjd. In Yates v. Ins. Go., 166 N. 0., 134, as to the same subject-matter, the plaintiffs had obtained an order restraining the defendant from erecting a building over an alleyway, and they appealed from the order dissolving it. On the hearing in the Supreme Court, it being made to appear that pending the appeal the building had been completed, the Court refused to pass upon the abstract right of the plaintiffs, upon the ground that to grant an injunction then would be a vain and nugatory act. The Court said, however: “The…
1Opinion of the Court
Clark, C-. J.
The defendant insurance company, is the owner of the lots marked on the annexed plot as the “Hughes” lot and the “Martin” lot facing on Sycamore Street in Greensboro, and also of an easement in an alley 10 feet wide between these two lots, holding title under mesne conveyances from C. G. Yates, who died in 1882.
*475Tbe heirs o£ Yates, in conveying the Martin lot, added thereto the conveyance of an easement in the alleyway as follows: “Together' with right of way over, under and through an alleyway 10 feet wide, west of and adjoining the above described property running from Sycamore…
2Cases cited2 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- Bynum v. . TurnerSupreme Court of North Carolina · 1916
3Cited by1 opinion
- Taylor v. . JohnsonSupreme Court of North Carolina · 1916