Wool v. Town of Edenton
Supreme Court of North Carolina
This was a civil action heard at Spring Term, 1894, of Chowan Superior Court, before. Armfield, J., and a jury, it being an action to compel the defendant, by mandamus, to lay and regulate the deep-water line on Edenton bay, in front of the plaintiff’s high land, the same being located in the incorporated town of Edenton.
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This was a civil action heard at Spring Term, 1894, of Chowan Superior Court, before. Armfield, J., and a jury, it being an action to compel the defendant, by mandamus, to lay and regulate the deep-water line on Edenton bay, in front of the plaintiff’s high land, the same being located in the incorporated town of Edenton. The action was formerly heard upon complaint and demurrer, the latter of which being overruled and the defendant answering over, the cause is now heard upon the pleadings filed and herewith sent up. The Court is asked to compel the defendant to lay off and regulate the line…
1Opinion of the Court
Avery, J.:
The second paragraph of subsection 1 of section 2751 ol The Code, amended by chapters 17 and 349 of the Laws of 1893, is as follows: “And when any such entry (of land in front of a riparian proprietor on navigable water and extending to the deep-water line) shall be made in front of the land in any incorporated town, the town corporation shall regulate the line on deep water to which wharves may be built: Provided, that this act shall not affect existing entries, existing rights or pending suits.” Prior to the passage of the two amendatory acts in 1893, it had been held that, until…
2Cases cited5 opinions
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Zimmerman v. . RobinsonSupreme Court of North Carolina · 1894
- Wool v. SaundersSupreme Court of North Carolina · 1891
- Koonce v. Board of Commissioners of Jones CountySupreme Court of North Carolina · 1890
- Wool v. Town of EdentonSupreme Court of North Carolina · 1893
3Cited by3 opinions
- S. v. . TwifordSupreme Court of North Carolina · 1904
- State v. TwifordSupreme Court of North Carolina · 1904
- Wool v. Town of EdentonSupreme Court of North Carolina · 1895