BARWICK v. ROUSE

No. 316.

95 S.E.2d 869 (1957)

245 N.C. 391

Annie Laura BARWICK v. Herman ROUSE and wife, Annie Lee Rouse.

Supreme Court of North Carolina.

January 11, 1957.


Attorney(s) appearing for the Case

J. Faison Thomson & Son, Goldsboro, for plaintiff appellant.

Edmundson & Edmundson, John S. Peacock, Goldsboro, for defendants appellees.


WINBORNE, Chief Justice.

The record and case on appeal disclose that the theory on which plaintiff bases her cause of action is that at the time of the severance of title by W. H. Barwick there existed the essentials for the creation by implication of law of a roadway easement from her land across the land of defendants as described in the complaint.

On the other hand, defendants deny the existence of such essentials.

The principle of law involved...

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