Haggard v. . Mitchell

J., concurring in the dissenting opinion. The action is instituted by C. C. Haggard, present owner of a store abutting on a street and open triangular space in the town of Ahoskie on the western side of the present Atlantic Coast Line, formerly the Norfolk and Carolina Railroad, to restrain the defendant, J. H. Mitchell, from fencing up said space, and otherwise interfering with the use of same on part of plaintiff and general public. There were facts on evidence tending to show that prior to 1893, defendant, J. H. Mitchell, and his brother, J. A., subject to a life estate in their father,…