Hughes v. North Carolina State Highway Commission

The question presented by this appeal can be stated as follows: Did Commission, by virtue of the 1951 judgment in the special proceeding instituted by Blair in 1940, acquire an easement approximately 100 feet wide in the land in question as against plaintiffs who were not parties to the special proceeding and acquired their title indirectly from Blair between 1945 and 1951? The answer is yes.

The proceeding instituted by Blair in 1940 was initiated pursuant to the provisions of G.S. 40-12 et seg. (Vol. 2A, G.S. N.C., 1950 Recompilation). This procedure was directed by G.S. 136-19, which—prior…