Ray v. . Lipscomb
Supreme Court of North Carolina
Action on the case fpr the' obstruction of a right of way claimed by plaintiff, tried before liis Honor, Judge Caldwell, at the Fall Term, 1855, of Orange Superior Court. The plaintiff resided on the north side of Little Eiver, which stream divides his land from- that of the defendant, and the way, as claimed by him, runs through a ford on the river, and through the land of the defendant, to a public highway, called the Hillsborough and Oxford road.
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Action on the case fpr the' obstruction of a right of way claimed by plaintiff, tried before liis Honor, Judge Caldwell, at the Fall Term, 1855, of Orange Superior Court. The plaintiff resided on the north side of Little Eiver, which stream divides his land from- that of the defendant, and the way, as claimed by him, runs through a ford on the river, and through the land of the defendant, to a public highway, called the Hillsborough and Oxford road. There was evidence tending to show that, for more than twenty years_ before the obstruction complained of, the plaintiff, and other persons of…
1Opinion of the CourtPearson, J.
The general principles involved in this case, are fully discussed and settled in Ingram v. Hough, 1 Jones’ Rep. 43; Mebane v. Patrick, Ibid. 23. These cases, as it seems to us, put the doctrine of the presumption of a right of > way from user, on its true basis; and, as was said in the argument, considering the state of things among us for many years past, in regard to one neighbor’s passing over the uninclosed land of another, either on foot or horseback, or with Ilis wagon, any other conclusion would have resulted in great and general inconvenience.
The counsel for the plaintiff, conceding…
2Cited by5 opinions
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- Dickinson v. PakeSupreme Court of North Carolina · 1974