ANDREWS v. LOVEJOY

No. 747.

101 S.E.2d 395 (1958)

247 N.C. 554

Troy Monroe ANDREWS, Nita Andrews and Jean Chandler Andrews, Plaintiffs, v. Mary J. LOVEJOY and husband, A. R. Lovejoy, Defendants, and Josie Cate (Widow), Robert J. Ayers and wife, Lucille O. Ayers, Additional Defendants.

Supreme Court of North Carolina.

January 10, 1958.


Attorney(s) appearing for the Case

William S. Stewart, Chapel Hill, for plaintiffs.

Bonner D. Sawyer, Hillsboro, for defendants Mary J. Lovejoy and husband, A. R. Lovejoy.


RODMAN, Justice.

Plaintiffs' appeal presents for determination the correctness of the judgment directing the assessment of damages. Plaintiffs disavow any intent to obtain a cartway under the provisions of Art. 4, c. 136, of the General Statutes. They seek merely an adjudication of presently existing property rights.

Plaintiffs allege and defendants admit that their titles trace to a common source. The land presently owned by plaintiffs and defendants was...

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