Perry v. . White

Clare, 0. J.

The plaintiff, alleging an easement, seeks to drain the water from certain basins on bis land across the lands of defendant and into defendant’s canal. the defendant denied that the plaintiff bad sucb easement or the right to drain across bis land into the canal.

The court charged the jury: “Both sides have tendered issues, and I have selected from both, but I confess tbat I am doubtful whether they are proper ones or not.”

In Snowden v. Bell, 159 N. C., 497, the rule is clearly laid down tbat while the right to a private way over the lands of another may be acquired by a continuous…