Austin v. . Willis
This text of 170 S.E. 925 (Austin v. . Willis) 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.
Opinion
Tbe only question raised by tbe defendant is whether the evidence justifies the finding that the plaintiff has an easement in the driveway described in the complaint as appurtenant to his land. It is insisted that the user must be “adverse and of right,” as pointed out in Mebane v. Patrick, 46 N. C., 23; that the plaintiff has failed to show that the defendant had knowledge of any claim of right to the asserted easement; and that the action should have been dismissed. We think there is sufficient evidence to sustain the finding; and the charge as to adverse user is clear, explicit, and free from error.
No error.
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Cite This Page — Counsel Stack
170 S.E. 925, 205 N.C. 831, 1933 N.C. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-willis-nc-1933.