State Co. v. Finley
Supreme Court of North Carolina
ActioN tried before Justice, J., and a jury, at January Term, 1909, of WlLKES. In 1890, upon completion of tbe railroad to a point opposite "Wilkesboro, tbe "Winston Land Company purchased tbe land around tbe new station and laid it off into lots, streets and alleys for a town. Tbey made a map of tbe new town, wbicb they procured to be incorporated as North Wilkesboro.
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ActioN tried before Justice, J., and a jury, at January Term, 1909, of WlLKES. In 1890, upon completion of tbe railroad to a point opposite "Wilkesboro, tbe "Winston Land Company purchased tbe land around tbe new station and laid it off into lots, streets and alleys for a town. Tbey made a map of tbe new town, wbicb they procured to be incorporated as North Wilkesboro. Tbe streets designated by tbe letters of tbe alphabet run east and west — B, C and D running westwardly to Reddie’s River. Tbe streets named by number — First, Second, Third, and so on-run north and south. Tbe town is laid off…
1Opinion of the Court
Clark, C. J.,
after stating the case: This action is to compel the defendant to open the streets and alleys on the land sold to him, and is governed by Church v. Dula, 148 N. C., 262. This section of the proposed town was, it is true, laid off on the map, but it was cut off, conveyed to defendant and fenced out before any of the streets and' alleys were ever used, and no lot was ever sold in this abandoned section. The land company conveyed this section, including the proposed streets and alleys, to the defendant, in 1893, and, in February, 1897, the town authorities quitclaimed to the…
2Cases cited2 opinions
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Church v. . DulaSupreme Court of North Carolina · 1908
3Cited by5 opinions
- Wittson v. DowlingSupreme Court of North Carolina · 1920
- Mason v. WallWest Virginia Supreme Court · 1924
- Wittson v. . DowlingSupreme Court of North Carolina · 1920
- R. R. v. . DunnSupreme Court of North Carolina · 1922
- Atlantic Coast Line Railroad v. Town of DunnSupreme Court of North Carolina · 1922