Smith v. . Jackson
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., at Spring Term, 1920, of LbNoie, upon this issue: “Is the plaintiff the owner of an easement entitling him to use the road or way over defendants’ land described in the pleadings ? Answer: No.’ ” From the judgment rendered, plaintiff appealed.
1Opinion of the CourtBeowN, J.
This action is brought to enjoin the defendants from closing up a right of way over the defendants’ land. The plaintiff claims to be the owner of an easement entitling him to use the road over defendants’ land, and in support of his title, plaintiff offered evidence tending to prove that the lane in controversy runs from his farm over the defendants’ land to the public road; that from where the lane enters the land of the defendants to the public highway is about 100 yards, and that the defendant had wrongfully closed it up. The plaintiff offered testimony tending to prove that he bought the…
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