Adams v. Beshears

Supreme Court of North Carolina

Adams v. Beshears

138 S.E.2d 407, 262 N.C. 740, 1964 N.C. LEXIS 720

DecidedNovember 4, 1964

StatusPublished

This text of 138 S.E.2d 407 (Adams v. Beshears) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Beshears, 138 S.E.2d 407, 262 N.C. 740, 1964 N.C. LEXIS 720 (N.C. 1964).

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Opinion

Per Curiam.

In our view, the cause of action alleged by plaintiff is that he has an easement appurtenant to his tract, acquired by prescription, as a way of access between his tract and No. 1514. Plaintiff, [741]*741by brief, asserts this is his alleged cause of action. His complaint does not use the phrase “neighborhood public road,” and he does not contend his alleged cause of action is for the establishment of such road.

Defendant, if so advised, may move that the court require the complaint “to be made definite and certain by amendment.” G.S. 1-153.

Reversed.

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Per Curiam.

In our view, the cause of action alleged by plaintiff is that he has an easement appurtenant to his tract, acquired by prescription, as a way of access between his tract and No. 1514. Plaintiff, [741]*741by brief, asserts this is his alleged cause of action. His complaint does not use the phrase “neighborhood public road,” and he does not contend his alleged cause of action is for the establishment of such road.

Defendant, if so advised, may move that the court require the complaint “to be made definite and certain by amendment.” G.S. 1-153.

Reversed.

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Bluebook (online)

138 S.E.2d 407, 262 N.C. 740, 1964 N.C. LEXIS 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-beshears-nc-1964.