Stewart v. . Frink
Supreme Court of North Carolina
Motion to continue an injunction to the hearing, made in a cause pending in the Superior Court of Brunswick county,, heard before MacRae, Judge, at Chambers in Lumberton, April 14, 1885. The facts appear in the opinion. His Honor granted the motion, and the defendant appealed.
1Opinion of the CourtMerrimoN, J.
A road, way, or street in a town, may become a -public highway by the continued use of it by the public for twenty years, not simply by permission, tacit or express, of the owners of the land over which it passes, but adversely to them, and as of right. That is, the proper public authorities must have exercised authority and control over it in some way to be seen, as by superintending ánd keeping it in proper repair, adversely to the owners of the land. The presumption of right in favor of the public, will not arise, unless the proper public authorities, as authorised by law, shall do…
2Cases cited2 opinions
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- State v. . PurifySupreme Court of North Carolina · 1882
3Cited by16 opinions
- West v. SlickSupreme Court of North Carolina · 1985
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- Lee v. WalkerSupreme Court of North Carolina · 1952
- Hemphill v. . Board of AldermenSupreme Court of North Carolina · 1937
- Tarpey v. VeithCalifornia Court of Appeal · 1913
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