Oliver v. Ernul

178 S.E.2d 393 (1971)

277 N.C. 591

Garfield OLIVER and Richard A. Sutton

v.

Fred ERNUL, Luzzie Ernul and Grace Stamps.

No. 61.

Supreme Court of North Carolina.

January 20, 1971.

Thomas S. Bennett, Morehead City, for defendant appellants.

Boshamer & Graham, Morehead City, for plaintiff appellees.

HUSKINS, Justice:

Does Plaintiffs' Exhibit 1, the "rightaway deed", expressly grant to plaintiffs a twenty-foot right-of-way over the lands of defendant Fred Ernul? If not, are plaintiffs entitled to a way of necessity over said lands? Answers to these questions are determinative of this controversy.

Even if its…