CANDLER v. SLUDER

No. 90.

130 S.E.2d 1 (1963)

259 N.C. 62

W. W. CANDLER, Eloise Candler Willis, Coke Candler, Mabrye G. Brenton and Lucinda C. Bell, Petitioners, v. Willie Mae SLUDER, widow of L. L. Sluder, and Vance S. Byrd and wife, Grace C. Byrd, Mrs. Carlee Ledford, Alice Ledford Watkins Soper, Lee Ledford Trexler, Lena Gudger and Mary Lou Gudger, Respondents.

Supreme Court of North Carolina.

March 20, 1963.


Attorney(s) appearing for the Case

Don C. Young, Asheville, for petitioners.

Van Winkle, Walton, Buck & Wall, and Herbert L. Hyde, Asheville, for respondent Sluder.


MOORE, Justice.

Appellant assigns as error the denial of her motion for nonsuit.

Plaintiffs' evidence is summarized in the following numbered paragraphs:

(1) The public road, "Billy Cove Road," dead-ends at the northern boundary of the Byrd tract (80.2 acres). Byrds' land does not adjoin plaintiffs' tract. The Sluder land (116.35 acres) does not about the public road but is 140 feet therefrom and has access to the public road by a private way over...

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