Crawford v. Wilson
Court of Appeals of North Carolina
APPEAL by plaintiff from Fountain, Judge. Judgment entered 16 October 1978 in Superior Court, BUNCOMBE County. Heard in the Court of Appeals 23 August 1979. This is a civil action which involves the interpretation of a deed. Charles Cauble, by deed recorded 10 November 1948, made a conveyance to Scott Boone.
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APPEAL by plaintiff from Fountain, Judge. Judgment entered 16 October 1978 in Superior Court, BUNCOMBE County. Heard in the Court of Appeals 23 August 1979. This is a civil action which involves the interpretation of a deed. Charles Cauble, by deed recorded 10 November 1948, made a conveyance to Scott Boone. The granting clause said: “[P]arty of the first part ... do give, grant, bargain, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all the following described real estate: Right of way. A certain piece, parcel or lot of land, situate, lying…
1Opinion of the Court
WEBB, Judge.
We affirm the judgment of the superior court. Reading the deed as a whole and giving effect to all its parts as we are required to do, Ellis v. Barnes, 231 N.C. 543, 57 S.E. 2d 772 (1950) and Strickland v. Jackson, 259 N.C. 81, 130 S.E. 2d 22 (1963), we hold that the deed recorded 10 November 1948, on which the plaintiffs title is based, conveyed an easement. The granting clause described it as a “right of way.” At the end of the description were the words “to be allowed as right of way to the highway.” The words “right of way” usually connote an easement. See Pearson v. Chambers,…
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