Carmon v. . Dick
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at March Term, 1915, of Guil-ford. Civil action. Plaintiff alleged that he was entitled to an easement or right of way over a certain old and well-established private road or way from bis own lands to tbe public road from tbe south side of tbe county of Guilford to Gibsonville, and that tbe same bad been used for many years as a private way by bim and those under whom be claims, and be bad so used tbe same adversely and under a claim of…
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Appeal by plaintiff from Lyon, J., at March Term, 1915, of Guil-ford. Civil action. Plaintiff alleged that he was entitled to an easement or right of way over a certain old and well-established private road or way from bis own lands to tbe public road from tbe south side of tbe county of Guilford to Gibsonville, and that tbe same bad been used for many years as a private way by bim and those under whom be claims, and be bad so used tbe same adversely and under a claim of right. He also alleged that be was entitled to tbe said right, as one of necessity, be having purchased bis tracts of land…
1Opinion of the Court
Walker. J.,
after stating tbe case:. It seems to us that there was some evidence in this case upon which the plaintiff might have recovered. Tbe rule is said to be general that, where one conveys a part of his estate, be impliedly grants all those apparent or visible easements upon the part retained which were at tbe time used by tbe grantor for tbe benefit of the part conveyed, and which are reasonably neces- sarv for tbe use of that part. Jones on Easements, see. 129; Stone v. Burkhead, 169 S. W., 489. The doctrine is so well stated in Irvine v. McCreary, 108 Ky., 495 (56 S. W., 966), with a…
2Cases cited4 opinions
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Irvine v. McCrearyCourt of Appeals of Kentucky · 1900
- Stone v. BurkheadCourt of Appeals of Kentucky · 1914
- Clarke v. GaffeneyIllinois Supreme Court · 1886
3Cited by24 opinions
- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
- Spruill v. NixonSupreme Court of North Carolina · 1953
- Pickelsimer Ex Rel. Gash v. PickelsimerSupreme Court of North Carolina · 1962
- Smith v. MooreSupreme Court of North Carolina · 1961
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