Benbow v. . Robbins
Supreme Court of North Carolina
Civil actioN for damages, and application for an injunction, beard and determined by his Honor, Tourgee, J., at the Fall Term, 1873, of the Superior Court of G-uilfoed county. The plaintiff in bis affidavit to obtain an injunction, and in bis complaint, alleged that the defendants had exceeded a certain easement they had a right to, to-wit, to pond the water below the plaintiff’s mill race to a certain rock, and applied for an order to restrain them from so doing.
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Civil actioN for damages, and application for an injunction, beard and determined by his Honor, Tourgee, J., at the Fall Term, 1873, of the Superior Court of G-uilfoed county. The plaintiff in bis affidavit to obtain an injunction, and in bis complaint, alleged that the defendants had exceeded a certain easement they had a right to, to-wit, to pond the water below the plaintiff’s mill race to a certain rock, and applied for an order to restrain them from so doing. An interlocutory order was granted, which was vacated upon the coming in of -.the answer and after hearing the evidence. The…
1Opinion of the CourtRbabe, J.
3. As between individuals, twenty years possession of land or user of an easement raises a presumption of a grant. Rogers v. Mabe. 4 Dev. 180; Geringer v. Sommers, 2 Ired. 229.
In tbe case before us it was found as a fact, that the defendant had used the easement for more than twenty years. But then comes in the statute of 12th February, 1867, and several other like statutes which provide “ that the time elapsed from 20th May, 1861, until 1st of January, 1870, shall not be counted so as to bar actions or suits, or to presume the satisfaction or abandonment of rights.” Neely v. Craig, Phil. R.…
2Cases cited4 opinions
- Johnson v. . WinslowSupreme Court of North Carolina · 1869
- Bell v. KingSupreme Court of North Carolina · 1874
- Plott v. Western North Carolina RailroadSupreme Court of North Carolina · 1871
- Doe on Dem. of Howell v. BuieSupreme Court of North Carolina · 1870
3Cited by6 opinions
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Benbow v. . Robbins .Supreme Court of North Carolina · 1875
- Hickory v. RailroadSupreme Court of North Carolina · 1905
- Kitchen v. . WilsonSupreme Court of North Carolina · 1879
- Pearsall v. . KenanSupreme Court of North Carolina · 1878
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