Patton v. Western Carolina Educational Co.
Supreme Court of North Carolina
Civil ACTION tried before Merrimon, J, at Spring Term, 1888, of HeNdeesoN Superior Court. The complaint alleges that the plaintiffs are the owners and entitled to the possession of the land mentioned in the complaint by virtue of a reservation contained in a deed from M. M. Patton to M. Bowen, under which defendants claim, and that the possession is wrongfully withheld, and further that they have been and are entitled to a free and unobstructed right of way over and upon…
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Civil ACTION tried before Merrimon, J, at Spring Term, 1888, of HeNdeesoN Superior Court. The complaint alleges that the plaintiffs are the owners and entitled to the possession of the land mentioned in the complaint by virtue of a reservation contained in a deed from M. M. Patton to M. Bowen, under which defendants claim, and that the possession is wrongfully withheld, and further that they have been and are entitled to a free and unobstructed right of way over and upon said land and every part thereof, and that the defendants have obstructed the said right of way with gates, &c., and they…
1Opinion of the Court
Davis, J.,
(after staling the case). It is conceded that the deed from King to M. M. Patton included the streets obstructed by the defendants, and the effect of the admission of the defendants in regard to the judgment is to present the single question: Did the defendants have the right to obstruct the streets in the manner set out ?
The title being originally in M. M. Patton, through whom the plaintiffs claim, what was the effect of the reservation in the deed from him to M. Bowen? Conceding, as insisted by the defendants, that the deed conveyed the title to the soil, and that the reservation…
2Cases cited1 opinion
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1887
3Cited by8 opinions
- Borders v. YarbroughSupreme Court of North Carolina · 1953
- Fendall v. MillerOregon Supreme Court · 1921
- M. E. Gruber, Inc. v. EubankSupreme Court of North Carolina · 1929
- Burns v. McDanielCourt of Appeals of Texas · 1942
- Ruffin v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.