Smith v. Bennett
Cases that cite this one
1 later published case cites this decision.
- Dickinson v. Pake (N.C. 1974)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The charge was, in effect, that if the plaintiff had used and enjoyed the way for more than twenty years, he was entitled to recover. This is correct, as far as it goes; but it does not go far enough. The user must be adverse, and as of right. No right can be acquired, unless it be claimed and asserted. This case is settled by that of Mebane v. Patrick, ante. 23; Ingram v. Hough, id. 39, not published until after the trial.
Venire de novo.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.