Snowden v. . Bell
Supreme Court of North Carolina
Appeal by defendant from Bmgaw, J., at Spring Term, 1912, of Currituck. The plaintiff brings this suit to restrain the defendant from interfering with his use of a lane from the Etheridge farm, owned by plaintiff, and running eastwardly to the public road leading to Snowden Station.
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Appeal by defendant from Bmgaw, J., at Spring Term, 1912, of Currituck. The plaintiff brings this suit to restrain the defendant from interfering with his use of a lane from the Etheridge farm, owned by plaintiff, and running eastwardly to the public road leading to Snowden Station. Plaintiff’s evidence tends to prove that the Etheridge and Humphrey lands were originally owned by Isaac Snowden; that this lane in controversy runs between the Bell land on the north and the Humphrey land on the south, and runs to the Etheridge land; that for years the Isaac Snow-.den fence to Humphrey land was…
1Opinion of the CourtAllen, J.
-It is well established in tbis State that tbe right to a private way may be acquired by a continuous adverse use for twenty years, and that a mere user for tbe required period is not sufficient to confer the right. Ingraham v. Hough, 46 N. C., 43; Mebane v. Patrick, 46 N. C., 23; Ray v. Lipscomb, 48 N. C., 186; Boyden v. Achenbach, 79 N. C., 539, and same case, 86 N. C., 397.
In tbe last case cited, the doctrine is well stated as follows: “It would be unreasonable to deduce from tbe owner’s quiet acquiescence, a simple act of neighborhood courtesy, in tbe use of a way convenient to others and…
2Cases cited5 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Mebane v. . PatrickSupreme Court of North Carolina · 1853
- Ingraham v. . HoughSupreme Court of North Carolina · 1853
- Boyden v. . AchenbachSupreme Court of North Carolina · 1882
3Cited by41 opinions
- Dickinson v. PakeSupreme Court of North Carolina · 1974
- Dulin Ex Rel. Dulin v. FairesSupreme Court of North Carolina · 1966
- Weaver v. . PittsSupreme Court of North Carolina · 1926
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- Concerned Citizens of Brunswick County Taxpayers Ass'n v. State Ex Rel. RhodesSupreme Court of North Carolina · 1991
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