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OWENS v. ELLIOTT

No. 384.

125 S.E.2d 589 (1962)

257 N.C. 250

C. P. OWENS and wife, Betty Sue Owens, v. J. W. ELLIOTT and wife, Winnie Elliott.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

Ralph Davis, North Wilkesboro, for defendants-appellants.

Whicker & Whicker, North Wilkesboro, for plaintiffs-appellees.

MOORE, Justice.

The allegations of the complaint are summarized as follows: Prior to 1 July 1958 Howard Owens and wife subdivided a portion of their land into 108 lots. In connection with this subdivision they laid out, graded, constructed and gravelled an unnamed street (hereinafter referred to as the "Street") for access to the lots and the remainder of their property. The Street extends from the Crysel Road (a public highway) to the Pads Road (a public highway...

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