Legal Opinion

Thompson v. . Umberger

Supreme Court of North Carolina

Decided April 8, 1942PublishedCited by 35 opinions

1Opinion of the CourtBarNhill, J.

Is an. alleyway reserved in the deed from Brown to Kennerly with, sufficient definiteness to invoke the aid of a court of equity in locating and establishing the same ? The answer is determinative.

An alleyway is in the nature of an easement. It constitutes an interest in land. It may be created by either of nine different methods. Mor-decai Law Lectures, Vol. 1, pp. 464-471. One of these is by deed or reservation contained in a deed — the method here adopted.

The existence of the reservation depends upon the construction of the language in the deed. Plaintiff's case must be made out upon the…

2Cases cited6 opinions

  1. Smith v. Proctor.Supreme Court of North Carolina · 1905
  2. Speed v. PerrySupreme Court of North Carolina · 1914
  3. Dickens v. . BarnesSupreme Court of North Carolina · 1878
  4. Speed v. . PerrySupreme Court of North Carolina · 1914
  5. Hodges v. . StewartSupreme Court of North Carolina · 1940

1 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Borders v. YarbroughSupreme Court of North Carolina · 1953
  2. Oliver v. ErnulSupreme Court of North Carolina · 1971
  3. McDaris v. Breit Bar" T" CorporationSupreme Court of North Carolina · 1965
  4. Allen v. DuvallSupreme Court of North Carolina · 1984
  5. Cummings v. Dosam, Inc.Supreme Court of North Carolina · 1968

30 more not listed; retrieve them via the Exa API.

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