RAYNOR v. OTTOWAY

No. 390.

56 S.E.2d 28 (1949)

231 N.C. 99

RAYNOR et al. v. OTTOWAY.

Supreme Court of North Carolina.

November 9, 1949.


Attorney(s) appearing for the Case

Warlick & Ellis, Jacksonville, for petitioner appellees.

W. K. Rhodes, Jr., Wilmington, for respondent appellant.


BARNHILL, Justice.

The verdict of the jury is not sufficient to support the judgment.

The Edens Cemetery is on the land of defendant. There is testimony tending to show that it is a private burial ground and that the cartway from the public road to the cemetery is a private way used at times by the community, with the consent of respondent, and that such use is not, and has never been, hostile to respondent or his predecessors in title. Thus it appears that...

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