3 N.C. 301
Superior Court of North Carolina
Decided May 15, 1804
Superior Court of North Carolina · decided 1804-05-15
!T'*HI5 was aa action of trespass quote clausum, fregit, and tine . -*• defendant pleaded that a common way used by the neighborhood and leading to a landing and public road ran through th® lauds of the plaintiff 5 and that it had been usual to repair it by cutting tsmGbey foy the purpose near to its That the trespass «rorsp'fósieá of was for cutting needful timber for the repair of thin common v.-cy, and near to it, Per..
Decided 1804-05-15
¶1Wíjs ate of two binds — those which are cs. íabiíshtd by public authority, and private ones which are by grant or prescription. Proof, as here, that it been used as a way ioy the neighborhood for near 40 years, when the commencement of the usag-<> known, will not sui-lce for the establishment c? ;t, :vs contended for by the deioadtu.t.
¶2Verdict for the piaiptiff,