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TOWN OF FARMVILLE v. A. C. MONK & COMPANY

No. 95.

108 S.E.2d 479 (1959)

250 N.C. 171

TOWN OF FARMVILLE, a municipal corporation, v. A. C. MONK & COMPANY, Inc., Elbert C. Holmes and wife, Sue T. Holmes; John D. Holmes and wife, Leymon B. Holmes; Carroll R. Holmes and wife, Hannah F. Holmes; John Hill Paylor and wife, Alice F. Paylor; W. D. Morton and wife, Jane C. Morton; Sarah Cameron Blount and husband, Shaw Blount; Zyphia Cameron Moseley and husband, Ralph Moseley, and Patrick Cameron.

Supreme Court of North Carolina.

April 29, 1959.

Attorney(s) appearing for the Case

Lewis & Rouse, Farmville, for plaintiff-appellee.

Thorp, Spruill, Thorp & Trotter, Rocky Mount, for defendant-appellee.

Jones, Reed & Griffin, Kinston, for defendants-appellant.

DENNY, Justice.

As we interpret the record on this appeal, the action was instituted pursuant to the provisions of our Declaratory Judgments Act, G.S. § 1-253 et seq. for the sole purpose of having the court determine whether or not any portion of the property owned by A. C. Monk & Company, Inc. has been dedicated as a public street by it or by any of its predecessors in title. Town of Morganton v. Hutton & Bourbonnais Co., 247 N.C. 666...

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