CAVIN v. OSTWALT

No. 8422SC1210.

332 S.E.2d 509 (1985)

Frances S. CAVIN v. David W. OSTWALT.

Court of Appeals of North Carolina.

August 6, 1985.


Attorney(s) appearing for the Case

T. Michael Lassiter, Statesville, for plaintiff-appellee.

Gary W. Thomas and Jack R. Harris, Statesville, for defendant-appellant.


COZORT, Judge.

Plaintiff brought an action against her neighbor to enjoin his use of a road which ran across plaintiff's property to defendant's property. Defendant's answer contended the road was a public street, and, in the alternative, petitioned for a cartway proceeding. After receiving affidavits and minutes of various proceedings before the County Commissioners, the trial court found the property not to be a public street and granted summary judgment for the...

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