Barker v. Jefferson Standard Life Insurance
Supreme Court of North Carolina
Appeal by plaintiffs from Finley, J., at January Term, 1921, of Guileobd. Tbis is an action against tbe defendant, insurance company for an injunction against tbe erection of a building upon that portion of tbe property bought by it from its codefendant, tbe County of Guilford, which is within 18% feet of tbe plaintiffs’ line, claiming that they- are the owners of an easement therein. The court rendered judgment upon the pleadings against the plaintiffs, who appealed.
1Opinion of the Court
Clark:, C. J.
This case presents the same question, as to the same strip of 18% feet of land, in controversy in Guilford v. Bynum, post, 288, and the two cases were argued together. The decision in that case, affirming the unencumbered title in the 18% feet in question to be in the defendant life insurance company, applies equally in this case, and it is unnecessary to do more than refer to the opinion in that case and to Guilford v. Porter, 170 N. C., 310; and S. c., 171 N. C., 356, which were held in the case just filed to be res judicata of this controversy. The whole matter was fully…
2Cases cited2 opinions
- County of Guilford v. PorterSupreme Court of North Carolina · 1915
- County of Guilford v. PorterSupreme Court of North Carolina · 1916