Atlantic & North Carolina Railroad v. Way
Supreme Court of North Carolina
Civil actioN tried before' Whedbee, J., and. a jury, at March Term, 1916, of Cabtebet. Tbe case was before this Court at Spring Term, 1915, and is reported in 169 N. C., at p. 1. We then granted a new trial.
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Civil actioN tried before' Whedbee, J., and. a jury, at March Term, 1916, of Cabtebet. Tbe case was before this Court at Spring Term, 1915, and is reported in 169 N. C., at p. 1. We then granted a new trial. At tbe last trial tbe jury returned tbe following verdict: 1. Are Way Bros, tbe owners, in tbe actual occupation, and entitled to tbe possession of Lot No. 8 in said Block No. 7 in tbe plan of More-bead City? Answer: “Yes; by color of title more than seven years.” 2. Was Lot No. 8 in said Block No. 7 filled up above bigb-water mark and thus reclaimed by Way Bros, and those under whom they…
1Opinion of the CourtWalkeR, J.
Tbe questions raised in this case are of great importance, but we think they have been decided by this Court in Land Co. v. Hotel Co., 132 N. C., 517. When tbe case was here at a former term we gave expression to our views to some extent respecting tbe rights of tbe protestant under tbe grant to Morehead and Arendell, from which source its title was derived, and we virtually held,, following what bad been theretofore decided in Land Co. v. Hotel Co., supra, that the two grantees above named did not acquire tbe absolute and unrestricted right to title to tbe bed of tbe sound which was then…
2Cases cited7 opinions
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Hahn v. Baker Lodge, No. 47Oregon Supreme Court · 1891
- Holley v. Smith.Supreme Court of North Carolina · 1902
- Gregory v. . ForbesSupreme Court of North Carolina · 1887
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3Cited by1 opinion
- RJR Technical Co. v. PrattSupreme Court of North Carolina · 1995