POTTS v. BURNETTE

No. 108.

273 S.E.2d 285 (1981)

Wade H. POTTS, Don Wayne Potts, Arthur B. Potts and Mavis L. Potts, Trustees of John H. Potts Memorial Cemetery, Bobby E. McDaniel and wife, Barbara R. McDaniel, Donald R. McDaniel and wife, Nancy M. McDaniel and Fred B. McDaniel and wife, Joann S. McDaniel v. J. W. BURNETTE et al.

Supreme Court of North Carolina.

January 6, 1981.


Attorney(s) appearing for the Case

Rodgers, Cabler & Henson by J. Edwin Henson, Highlands, for plaintiffs-appellants.

Orr, Payne & Kelley by Robert F. Orr, Asheville, for defendants-appellees.


CARLTON, Justice.

I.

This case arose out of the long-continued use by plaintiffs of a roadway over defendants' property to get to and from plaintiffs' land. Plaintiffs brought this action to establish their right to use defendants' roadway by virtue of an easement by prescription and to enjoin defendants from interfering with plaintiffs' use of the road.

In their complaint plaintiffs alleged that they and their predecessors in title had openly and...

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