Atlantic & North Carolina Railroad v. Way
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at October Term, 1914, of CARTERET. Proceeding to protest Entry No. 4463 of a piece of land described as follows: “All that certain part of reclaimed land filled into the seawall of Morebead City, lying in tbe town of Morebead City east of Seventh Street and south of Arendell Street, beginning on Seventh Street at the southwest corner of Lot No. 8 in Square No. 7, and running thence south along what is called Seventh Street on the land…
Read the full summary
Appeal by defendant from Peebles, J., at October Term, 1914, of CARTERET. Proceeding to protest Entry No. 4463 of a piece of land described as follows: “All that certain part of reclaimed land filled into the seawall of Morebead City, lying in tbe town of Morebead City east of Seventh Street and south of Arendell Street, beginning on Seventh Street at the southwest corner of Lot No. 8 in Square No. 7, and running thence south along what is called Seventh Street on the land of the town of Morehead City to deep-water or harbor line of Bogue Sound, thence east 100 feet, thence north parallel…
1Opinion of the Court
Waleer, J.,
after stating the ease: The instruction of the court, to which the enterer deferentially submitted and refrained from further developing his case, was erroneous. The deduction from this opinion of the court as to the effect of Grant No. 83 to Morehead and Arendeil was necessarily that the protestant was entitled to recover, or to have his protest sustained. If the grant conferred an absolute and unrestricted title to the bed of the sound, the opinion was correct, but in the case of Shepherd’s Point Land Co. v. Atlantic Hotel Co., 132 N. C., 517, a construction was put upon this…
2Cases cited6 opinions
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- State v. Black River Phosphate Co.Supreme Court of Florida · 1893
- Zimmerman v. . RobinsonSupreme Court of North Carolina · 1894
- Gregory v. . ForbesSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gaither v. Albemarle Hospital, Inc.Supreme Court of North Carolina · 1952
- R. R. v. . WaySupreme Court of North Carolina · 1916
- Davis v. . MorganSupreme Court of North Carolina · 1947
- Atlantic & North Carolina Railroad v. WaySupreme Court of North Carolina · 1916