Woody v. Barnett

This case was here at Fall Term, 1951, and is reported in 235 N.C. 73, 68 S.E. 2d 810. Only preliminary questions of pleading were considered on that appeal. We have now before us the petitioners’ appeal from a judgment rendered which is determinative of the merits of the action.

It is apparent that the rights of the parties with respect to the subject of the action are controlled by the statute now codified as G.S. 136-67, the material parts of which we quote: “All those portions of the public road system of the State which have not been taken over and placed under maintenance or which have…