WATKINS v. SMITH

No. 7821SC556.

253 S.E.2d 354 (1979)

40 N.C. App. 506

Samuel H. WATKINS and wife, Ruth H. Watkins, Willie Perry Wilson and wife, Thelma P. Wilson, Grady Clinton Mills and wife, Pearl Mae Mills, Wayne Mills and wife, Lessie Mills, and others Similarly Situated, v. Willie E. SMITH and Lois E. Russell.

Court of Appeals of North Carolina.

April 3, 1979.


Attorney(s) appearing for the Case

Robert M. Bryant and J. F. Motsinger, Winston-Salem, for plaintiffs-appellants.

Willie E. Smith and Lois E. Russell, pro se.


CARLTON, Judge.

It is difficult, from the record before us, to determine under which principle of law plaintiffs claim right of ingress and egress over the property of defendants. In their complaint, plaintiffs allege that the roadway in question is a "neighborhood public road" and that it has been used by plaintiffs and their predecessors in title for more than 20 years "and the said use of the road has been hostile, adverse and of right so recognized by the defendants...

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