# Brown v. Doby

> Supreme Court of North Carolina · November 7, 1956 · 244 N.C. 746

URL: https://www.frixlaw.com/law-library/cases/6699964

## Case

- **Full name:** R. L. BROWN, JR., JOHN B. MORRIS, JR., J. HEATH MORROW, TED P. FURR, CHARLES W. PICKLER and H. WELLS ROGERS, Trustees of the ALBEMARLE CITY ADMINISTRATIVE UNIT, and CLAUD GRIGG, Superintendent of Public Instruction of the ALBEMARLE CITY ADMINISTRATIVE UNIT v. ELIZA JANE DOBY and J. LILLIAN DOBY
- **Court:** Supreme Court of North Carolina
- **Decided:** November 7, 1956
- **Citations:** 244 N.C. 746; 94 S.E.2d 895; 1956 N.C. LEXIS 511
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Consideration, Johnson, Rodman, Took
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6699964

## Opinion text

Per Curiam.
Upon failure to acquire by gift or purchase, discretionary power existed in the petitioners to select and take land (not exceeding 30 acres) for school purposes. No right to stay the taking existed in the respondents. Board of Education v. Allen, 243 N.C. 520 , 91 S.E. 2d 180 . The respondents’ rights are limited to the recovery of damages. The petitioners’ liability is to pay them. The parties failed to agree as to the amount. The jury, in accordance with applicable rules of law, decided the issue. No reason appears why the result should be disturbed.
No error.
Johnson, J., not sitting.
Rodman, J., took no part in the consideration or decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6699964. Public record. Not legal advice.