Barker v. Jefferson Standard Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Finley, J., at February Term, 1921, of Guileoed. This action is against tbe defendant insurance company and tbe county of Guilford, alleging tbat tbe plaintiff is owner of an easement 10 feet in width over land purchased by tbe insurance conjpany from its eodefendant, tbe county of Guilford, and tbat tbe insurance company bas obstructed said alleyway by placing a large brick building thereon, and asking for $10,000 damages.
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Appeal by plaintiff from Finley, J., at February Term, 1921, of Guileoed. This action is against tbe defendant insurance company and tbe county of Guilford, alleging tbat tbe plaintiff is owner of an easement 10 feet in width over land purchased by tbe insurance conjpany from its eodefendant, tbe county of Guilford, and tbat tbe insurance company bas obstructed said alleyway by placing a large brick building thereon, and asking for $10,000 damages. Tbe defendant insurance company answered and pleaded by way of counterclaim tbat it was tbe owner in fee of tbe tract of land known as tbe “Court…
1Opinion of the CourtClabk, C. J.
Tbe defendants contend tbat tbe matter pleaded was a counterclaim, McLean v. McDonald, 173 N. C., 429; and tbat tbe plaintiff having filed no reply, tbe counterclaim was admitted to be true. But, passing tbat by, it appears tbat tbe plaintiff acquired bis alleged easement, if at all, by prescription. Tbe deed under wbicb be claims is set out in tbe record, and it appears therefrom tbat tbe county of Guilford at the time of bis purchase owned tbe tract adjoining him, styled “Tbe bitching lot,” and tbe said land continued in tbe possession of tbe county of Guilford until it was conveyed to tbe…
2Cases cited6 opinions
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- J. T. McTeer Clothing Co. v. HaySupreme Court of North Carolina · 1913
- County of Guilford v. PorterSupreme Court of North Carolina · 1915
- McLean v. . McDonaldSupreme Court of North Carolina · 1917
- County of Guilford v. PorterSupreme Court of North Carolina · 1916
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