Opinion

Nicholas v. Salisbury Hardware and Furniture Co.

  • 248 N.C. 462
  • 103 S.E.2d 837
  • 1958 N.C. LEXIS 528
Court
Supreme Court of North Carolina
Filed
Jun 4, 1958
Status
Published
Author
Johnson
On the bench
Parker, Johnson, Rodman, Bobbitt
Cited by
26 cases

explaining that the intention of the owner to dedicate is the “foundation and very life of every dedication”

How later courts described this case

  • explaining that the intention of the owner to dedicate is the “foundation and very life of every dedication”
  • for purposes of prescriptive easement, statute not tolled when owner went into receivership and receiver appointed
  • "[i]t is well recognized law in this jurisdiction from the earliest times that when the Statute of Limitations has begun to run, no subsequent disability will stop it"
  • for purposes of prescriptive easement, statute not tolled when owner went into receivership and *423 receiver appointed

Written by the judges who cited it.

The opinion

Johnson, J.,

concurring in part and dissenting in part: I concur in the conclusion that the evidence justifies a jury trial on the issue of prescription. Also, I am of the opinion that the evidence is sufficient to carry the case to the jury on the issue of dedication.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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