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North Carolina Reports (Volume 135); Cases Argued and Determined in the Supreme Court of North Carolina

North Carolina Reports (Volume 135); Cases Argued and Determined in the Supreme Court of North Carolina


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Milliken v. Denny. plaintiff and the public who may wish to pass and repass over and along the same. From this judgment the defendant appealed. The plaintiff contends that this case comes within the principle well settled by this Court in Moose v. Carson, 104 N. C., 431, 7 L. R. A., 548, 17 Am. St. Rep., 681; State v. Fisher, 117 N . C., 733; Conrad v. Land Co., 126 N. C., 776; Collins v. Land Co., 128 N. C., 563, 83 Am. St. Rep., 720?that where an individual sells or conveys a town or city lot, bounded by streets or alleys, marked out on a plat, and the grantee enters upon it and expends money in improving it, he is entitled to a right of way over such street or alley as appurtenant to the land, and any subsequent conveyance by his grantor, or those claiming under him, of the portions of such street or alley by which the grantee's lot is bounded, is void in so far as such sale may affect his right. We have no disposition to question the correctness of the law as laid down in these cases. This Court at the present term, in Hughes v. Clark, 134 N. C., 457, has re-affirmed the doctrine and cited wTith approval the cases above named. The right of purchasers to have such streets or alleys kept open for their own use and the use of their grantees is not based so much upon the theory that they have an easement, as that the dedication, evidenced by the making of the plat and the reference to it, either in the deed or in the negotiations, estops the party from closing up such street or alley or interfering with the use of them for the purpose for which they were dedicated. While there is some conflict in the authorities which we have examined, it may be said that an alley is not necessarily a street and does not necessarily signify that the public have a right to use it. An alley is...


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Product Details
  • ISBN-13: 9780217973137
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 256
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 0217973132
  • Publisher Date: 10 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 463 gr


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