SPRUILL v. NIXON

No. 93.

78 S.E.2d 323 (1953)

238 N.C. 523

SPRUILL et al. v. NIXON.

Supreme Court of North Carolina.

November 4, 1953.


Attorney(s) appearing for the Case

Bailey & Bailey, Carl L. Bailey, Plymouth, for plaintiffs appellees.

W. L. Whitley, Plymouth, for defendant appellant.


WINBORNE, Justice.

Two questions, determinative of this appeal, are here presented for consideration and decision. 1. Was an easement in the road across the land, now owned by defendant, created by implication of law, upon the severance of unity of title by the common grantor, Axie Lane, as set forth in the facts found by the trial court? 2. If so, was such easement extinguished by the judgment in the civil action instituted by T. E. Ainsley, immediate predecessor...

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