Owens v. Elliott

This is the second appeal in this case. The first appeal was heard at the Spring Term 1962. Owens v. Elliott, 257 N.C. 250, 125 S.E. 2d 589. Much of the evidence necessary to a clear understanding of the legal questions involved had been excluded or was not brought forward in the record on the former appeal. The present record makes clear the factual situation and brings the legal questions for decision into focus.

The pleadings are reviewed in our former opinion. In summary, the facts are: In May and June 1958 Howard Owens and wife subdivided a part of their land into 108 lots. The…