Long v. . Swindell
Supreme Court of North Carolina
Civil Actioh for Damages for Breach of Covenant, tried at Spring Term, 1877', of II YDESuperior Court, before Eure, J. The case made bj the pleadings and verdict of the jury was this : On the 30th of April, 1855, the plaintiff owned a certain piece of land, through which a ditch ran from Mattamuskeet Lake, to a canal which ran. through a piece of land then the property of one Stanley, called the McCauley land, to the head of Wysoeking Creek.
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Civil Actioh for Damages for Breach of Covenant, tried at Spring Term, 1877', of II YDESuperior Court, before Eure, J. The case made bj the pleadings and verdict of the jury was this : On the 30th of April, 1855, the plaintiff owned a certain piece of land, through which a ditch ran from Mattamuskeet Lake, to a canal which ran. through a piece of land then the property of one Stanley, called the McCauley land, to the head of Wysoeking Creek. The plaintiff: had acquired a right to drain his land into this canal. Jones Boomer was seized in fee of a piece of land adjoining the plaintiff’s on the…
1Opinion of the Court
RodmáN, J.
(After stating the facts as above.) Three points are made by the defendants:
1. That inasmuch as Boomer and Litchfield never executed or formally became parties to the deed of April 30th 1855, they were not bound by the conditions and covenants on their part therein contained. It is not denied in the answer, and it is expressly found by the jury, that they accepted the deed, and that their assignees accepted aud used the easement granted in it.
We had occasion to consider this question in Maynard v. Moore, 76 N. C. 158, and it is there said, that a party who accepts a deed containing…
2Cases cited1 opinion
- Maynard v. . MooreSupreme Court of North Carolina · 1877
3Cited by14 opinions
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