Sexton v. . Elizabeth City
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at June Special Term, 1915, of PASQUOTANK. This is an action of trespass for unlawfully entering upon and occupying certain land in Elizabeth City under the wrongful claim that it is a public street or alley, and without having taken proper proceedings to condemn the same and acquire the same or an easement therein.
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Appeal by defendant from Shaw, J., at June Special Term, 1915, of PASQUOTANK. This is an action of trespass for unlawfully entering upon and occupying certain land in Elizabeth City under the wrongful claim that it is a public street or alley, and without having taken proper proceedings to condemn the same and acquire the same or an easement therein. Plaintiffs alleged in their complaints, filed in separate actions, that they are the owners of two lots, the plaintiff Sexton of lot No. 954, as designated on a map recorded in Book 21, p. 583, of the registry of said county, and the other…
1Opinion of the Court
Walker, J.,
after stating the case: We may say, generally, that the right to the easement in a public highway may be acquired by grant or dedication; by tbe exercise of the power of eminent domain, or by user for the requisite length of time. Kennedy v. Williams, 87 N. C., 6. With respect to dedication, we have held in several cases that where the owner of real property lays out a town or village upon it, or even a plat of ground, and divides it into blocks or squares, and subdivides it into lots or sites for residences, which are intersected by streets, avenues, and alleys, and he sells and…
2Cases cited12 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Conrad v. West End Hotel & Land Co.Supreme Court of North Carolina · 1900
- Collins v. Asheville Land Co.Supreme Court of North Carolina · 1901
- Milliken v. Denny.Supreme Court of North Carolina · 1906
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Insurance Co. v. . Carolina BeachSupreme Court of North Carolina · 1940
- Lee v. WalkerSupreme Court of North Carolina · 1952
- Spaugh v. City of CharlotteSupreme Court of North Carolina · 1954
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Elizabeth City v. . CommanderSupreme Court of North Carolina · 1918
24 more not listed; retrieve them via the Exa API.