WOODY v. CLAYTON

No. 68SC203.

162 S.E.2d 132 (1968)

1 N.C. App. 520

Thomas B. WOODY and wife, Beatrice S. Woody v. W. M. CLAYTON and wife, Laura Swanson Clayton.

Court of Appeals of North Carolina.

Certiorari Denied August 23, 1968.


Attorney(s) appearing for the Case

Burns, Long & Wood, by Charles B. Wood, Roxboro, for plaintiffs appellees.

Haywood, Denny & Miller, by George W. Miller, Jr., Durham, for defendants appellants.


BROCK, Judge.

Defendants assign as error that the trial judge refused to allow in evidence before the jury the testimony of defendant W. M. Clayton relative to oral statements made to him by plaintiff Thomas B. Woody in 1940 and subsequent years concerning plaintiffs' intention to subdivide the entire tract of land and to extend Woody Street to the western boundary of the tract.

Defendants argue in their brief that their right of easement was by express or...

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