Goodman v. . Heilig
Supreme Court of North Carolina
Appeal from Lyon,, J., at May Term, 1911, of RowaN. Civil action to recover damages for breach of covenant against encumbrances contained in a deed from A. S. Heilig to "W. J. and Julia Crowell, and on a deed from B. H. Hamilton, grantee of Crowell, to plaintiffs. The covenants are practically the same in both deeds.
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Appeal from Lyon,, J., at May Term, 1911, of RowaN. Civil action to recover damages for breach of covenant against encumbrances contained in a deed from A. S. Heilig to "W. J. and Julia Crowell, and on a deed from B. H. Hamilton, grantee of Crowell, to plaintiffs. The covenants are practically the same in both deeds. The encumbrance is charged in these words: “but such portion of said land was at the time of the execution of said deeds, and has been ever since,' owned by the North Carolina Railroad Company as a right of way.” The defendants’ demurrer sets out six grounds. It is necessary to…
1Opinion of the CourtBbowN, J.
~We take judicial notice of the fact that the North Carolina Railroad is a great public highway, running from • Goldsboro to Charlotte through Rowan County. It belongs to a g"Mfit»si-public corporation chartered in 1849 by an act of the General Assembly that gives the corporation full power of eminent domain and provides that where land is not condemned for a right of way within a certain time, the corporation acquires 100 feet on each side of the center of the track. The road has been in actual operation since 1853. It was admitted upon the argument that the road is now being double tracked,…
2Cases cited7 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Desvergers v. WillisSupreme Court of Georgia · 1876
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
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3Cited by12 opinions
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Hawks v. BrindleCourt of Appeals of North Carolina · 1981
- Waters v. North Carolina Phosphate Corp.Supreme Court of North Carolina · 1984
- Southern Pacific Co. v. Los Angeles Milling Co.California Supreme Court · 1918
- McDonald v. WardWashington Supreme Court · 1918
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