LOWE v. RHODES

No. 7023SC315.

175 S.E.2d 721 (1970)

Elmer LOWE, Petitioner, v. Paul RHODES, Defendant.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

E. James Moore, North Wilkesboro, for petitioner-appellee.

Whicker, Vannoy & Moore, by J. Gary Vannoy, North Wilkesboro, for defendant-appellant.


HEDRICK, Judge.

The sole question presented on this appeal is whether the superior court judge committed error in allowing the appellee to take possession of the cartway premises pending trial de novo in the superior court.

Under the provisions of G.S. § 136-68 et seq., the clerk of superior court is given the authority to grant or deny to one individual a cartway across the lands of another. G. S. § 136-68 also provides that "[f]rom any final...

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