Liverman v. Roanoke & Tar River Railroad
Supreme Court of North Carolina
AotioN for damages to land, tried at November Special Term, 1893, of Bertie Smperior Court, before Bynum, J. The facts of the case appear in the report of the former appeal (109 N. C., 52). Upon the filing of the certificate of the Supreme Court commissioners were appointed to assess damages sustained by plaintiff, and at May Term, 1893, of Bertie Superior Court, the Court being of .opinion that the plaintiff was entitled to a jury trial, it was ordered that the case be…
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AotioN for damages to land, tried at November Special Term, 1893, of Bertie Smperior Court, before Bynum, J. The facts of the case appear in the report of the former appeal (109 N. C., 52). Upon the filing of the certificate of the Supreme Court commissioners were appointed to assess damages sustained by plaintiff, and at May Term, 1893, of Bertie Superior Court, the Court being of .opinion that the plaintiff was entitled to a jury trial, it was ordered that the case be tried by a jury on the issues arising on the pleadings as to damages and exceptions to the report of the commissioners. On…
1Opinion of the Court
Shepherd, C. J.:
When this case was before us on a former appeal (109 N. C., 52) it was held that the defendant acquired no title to the right of way under the deed of the mortgagor, and that the mortgage having been foreclosed the title to the land became vested in the plaintiff, who purchased at the foreclosure sale. We also held that under the general railroad act (the provisions of which control this case) the simple entry and occupation of the defendant conferred upon it no right to the easement, and that this could only be acquired by grant or by virtue of proceedings to condemn. This…
2Cited by17 opinions
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
- Caveness v. Charlotte, Raleigh & Southern RailroadSupreme Court of North Carolina · 1916
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