City of Raleigh v. Durfey
Supreme Court of North Carolina
CONTROVERSY without action, heard by Coolee, J., September Term, 1913, of Ware, upon the following agreed state of facts: 1. The city of Raleigh is a municipal corporation, chartered under chapter 59,' Private Laws of North Carolina, Session 1913, as amended, which charter was adopted on the first Tuesday in April, 1913, by a majority of the then registered and qualified voters of the city of Raleigh, and that James' I. Johnson is mayor of the city of Raleigh. 2. That the…
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CONTROVERSY without action, heard by Coolee, J., September Term, 1913, of Ware, upon the following agreed state of facts: 1. The city of Raleigh is a municipal corporation, chartered under chapter 59,' Private Laws of North Carolina, Session 1913, as amended, which charter was adopted on the first Tuesday in April, 1913, by a majority of the then registered and qualified voters of the city of Raleigh, and that James' I. Johnson is mayor of the city of Raleigh. 2. That the city has undisputed possession of and claims to own property situate on Fayetteville Street, lying between East Hargett…
1Opinion of the Court
‘BROWN, I.
It is contended by the defendant, as a reason' why he should not be required to complete his purchase:
1. That the plaintiff has no valid title to part of the property purchased.
2. That the plaintiff has no right under the act of the Legislature to sell the sidewalks on the north and south sides of the market-house building.
The property purchased by the defendant is the market-house property of plaintiff, situated in the center of Exchange Place. The records of Wake County were partially destroyed by fire some years ago, but it is admitted that the plaintiff has a perfect paper title…
2Cases cited7 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Village of Hyde Park v. DunhamIllinois Supreme Court · 1877
- City of Southport v. StanlySupreme Court of North Carolina · 1899
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3Cited by5 opinions
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- Cross v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916