McCOTTER v. BARNES

No. 91.

101 S.E.2d 330 (1958)

247 N.C. 480

D. C. McCOTTER, Sr., J. Muse McCotter and D. C. McCotter, Jr., Trading as D. C. McCotter & Son, v. Hugh H. BARNES and H. Foley Barnes.

Supreme Court of North Carolina.

January 10, 1958.


Attorney(s) appearing for the Case

Barden, Stith & McCotter, New Bern, for plaintiffs, appellants.

Robert G. Bowers, Bayboro, and Sam J. Morris, Raleigh, for defendants, appellees.


JOHNSON, Justice.

The only question for decision is this: Did the deed made by A. P. Barnes and wife to the Carolina Land and Improvement Company convey fee-simple title or only an easement in the strip of land in controversy?

If the deed conveyed only an easement, the estate of the railroad company ceased and terminated when its tracks were removed and the railroad was abandoned, and the defendants, having succeeded to the rights of A. P. Barnes, would be...

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