POTTER v. POTTER

No. 606.

112 S.E.2d 569 (1960)

251 N.C. 760

J. B. POTTER and wife, Fannie Lewis Potter, v. Herbert POTTER.

Supreme Court of North Carolina.

January 29, 1960.


Attorney(s) appearing for the Case

E. J. Prevatte and Herring, Walton & Parker, Southport, for plaintiffs-appellants.

Kirby Sullivan, Southport, for defendant-appellee.


MOORE, Justice.

The sole question for decision is whether or not the court erred in granting defendant's motion for nonsuit.

Plaintiffs allege ownership of a private easement of cartway appurtenant to their land over the land of defendant to the public highway by reason of implied grant and prescription. They seek to enjoin defendant from obstructing the cartway.

We assume that plaintiffs do not rely on adverse user for twenty years under claim of...

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