Pritchard v. Scott

Appellants’ basic contention is that, whatever rights petitioner may have to condemn a cartway or to establish an appurtenant easement or a way of necessity over the land of Pritchard, Jr., she has no right to condemn a cartway over their lands.

While the judgment does not expressly authorize or direct the jury of view to lay off a cartway over appellants’ lands, the clear implication is that they may do so. Is the appeal premature? May an appeal be taken unless and until the jury of view actually locates the cartway, in whole or in part, over appellants’ lands?

In Triplett v. Lail, 227 N.C.…