PRITCHARD v. SCOTT

No. 28.

118 S.E.2d 890 (1961)

254 N.C. 277

Mary M. PRITCHARD v. Willard SCOTT and wife, Edna A. Scott, Ethel S. Cobb, Dorothy Meads James and husband, Reuben C. James, Gertie Scott Halstead and husband, Calvin Halstead, and D. V. Pritchard, Jr. and wife, Dorothy B. Pritchard.

Supreme Court of North Carolina.

March 22, 1961.


Attorney(s) appearing for the Case

McMullan, Aydlett & White, Elizabeth City, for plaintiff, appellee.

M. B. Simpson, Jr., Elizabeth City, for defendants Pritchard, appellees.

John H. Hall, Elizabeth City, for defendants, appellants.


BOBBITT, Justice.

Appellants' basic contention is that, whatever rights petitioner may have to condemn a cartway or to establish an appurtenant easement or a way of necessity over the land of Pritchard, Jr., she has no right to condemn a cartway over their lands.

While the judgment does not expressly authorize or direct the jury of view to lay off a cartway over appellants' lands, the clear implication is that they may do so. Is the appeal premature...

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