HINE v. BLUMENTHAL

No. 741.

80 S.E.2d 458 (1954)

239 N.C. 537

HINE et al. v. BLUMENTHAL et ux.

Supreme Court of North Carolina.

March 3, 1954.


Attorney(s) appearing for the Case

Hastings & Booe and Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, for appellants.

Womble, Carlyle, Martin & Sandridge, Winston-Salem, for appellees.


DENNY, Justice.

The two primary questions which must he answered on this appeal may be stated as follows: (1) May the status of the parties with respect to their rights in the 15-foot alley involved herein be determined under the provisions of the Declaratory Judgment Act, G.S. § 1-253 et seq.? (2) Does the easement granted in the deed from George Roediger and wife to Rangie Davis, which easement is now held by the defendants, give them an easement in that portion...

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