Threadgill v. Town of Wadesboro
Supreme Court of North Carolina
Appeal by defendant from Devin, J.,- at April Term, 1915, of ANSON. Civil action to recover damages of defendant corporation for wrongfully entering on a lot of plaintiff in said town with, intent to appropriate 8 feet of same extending along tbe line of Martin Street, etc. Defendant denied liability, claiming tbat tbe 8 feet in dispute was a part of Martin Street and defendant bad tbe right to enter and appropriate tbe same for tbe purpose indicated.
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Appeal by defendant from Devin, J.,- at April Term, 1915, of ANSON. Civil action to recover damages of defendant corporation for wrongfully entering on a lot of plaintiff in said town with, intent to appropriate 8 feet of same extending along tbe line of Martin Street, etc. Defendant denied liability, claiming tbat tbe 8 feet in dispute was a part of Martin Street and defendant bad tbe right to enter and appropriate tbe same for tbe purpose indicated. Tbe entry complained of was in December, 1914. On issues submitted, tbe jury rendered tbe following verdict: 1. Did defendant wrongfully enter…
1Opinion of the CourtHoke, J.
There was evidence on tbe part of plaintiff tending to show tbat she and those under whom she claimed bad continuously occupied and possessed this lot under deeds purporting to convey tbe title, since 1848, and asserting ownership to the line of a fence which bad continuously inclosed tbe property for that length of time.
As we understand tbe record, there was no substantial dispute as to tbe facts of this occupation inside tbe fence, but it was contended for defendant, and there was evidence on its part tending to show, tbat tbe fence in question was an encroachment on a public street of tbe…
2Cases cited9 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- In Re HolleySupreme Court of North Carolina · 1910
- State v. . GodwinSupreme Court of North Carolina · 1907
- Kirby v. . BoyetteSupreme Court of North Carolina · 1896
- City of Wilmington v. CronlySupreme Court of North Carolina · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rowan County Board of Education v. United States Gypsum Co.Supreme Court of North Carolina · 1992
- Broyhill v. CoppageCourt of Appeals of North Carolina · 1986
- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Gault v. . Lake WaccamawSupreme Court of North Carolina · 1931
13 more not listed; retrieve them via the Exa API.