Atlantic Coast Line Railroad v. Town of Dunn
Supreme Court of North Carolina
Appeal by defendant from Granmer, Jat November Term, 1921, of HABNETT.' Civil action to establish, plaintiff’s ownership in an open square in the town of Dunn, abutting on the railroad’s right of way through said town, and to restrain defendant from trespass and other wrongful interference with plaintiff’s rights therein.
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Appeal by defendant from Granmer, Jat November Term, 1921, of HABNETT.' Civil action to establish, plaintiff’s ownership in an open square in the town of Dunn, abutting on the railroad’s right of way through said town, and to restrain defendant from trespass and other wrongful interference with plaintiff’s rights therein. Defendant denied plaintiff’s ownership of the property, and in a further answer averred that said square had been dedicated as a public square and accepted as such by the town authorities before plaintiff had or claimed any right therein, and prayed for an injunction…
1Opinion of the CourtHoke, J.
There was evidence to the effect that in 1886 one Henry Pope, admitted to be the owner, conveyed to H. "Walters and J. B. Edger-ton 37% acres of land, covering the land or square in controversy. That in 1892 said Walters and Edgerton conveyed said property, or the portion of it that contained the square, to the East Carolina Land and Improvement Company. That on 28 May, 19 07, said land and improvement company conveyed the land in dispute to plaintiff, and said plaintiff bad occupied and controlled the said land, asserting ownership under its deed since said date. There was evidence on the…
2Cases cited5 opinions
- Tise v. Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Wittson v. DowlingSupreme Court of North Carolina · 1920
- Threadgill v. Town of WadesboroSupreme Court of North Carolina · 1916
- Haggard v. MitchellSupreme Court of North Carolina · 1920
- State Co. v. FinleySupreme Court of North Carolina · 1909