{
  "id": 8656108,
  "name": "R. D. CRAVER v. DURHAM HOTEL CORPORATION",
  "name_abbreviation": "Craver v. Durham Hotel Corp.",
  "decision_date": "1922-04-12",
  "docket_number": "",
  "first_page": "317",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "183 N.C. 317"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "104 N. C., 113",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 204,
    "char_count": 2539,
    "ocr_confidence": 0.476,
    "sha256": "e28b9358e454b4e38bca7b9769621c52e7130a07151e94b2080e6f335547d756",
    "simhash": "1:b0e0af3be26f03b8",
    "word_count": 430
  },
  "last_updated": "2023-07-14T16:03:22.299745+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "R. D. CRAVER v. DURHAM HOTEL CORPORATION."
    ],
    "opinions": [
      {
        "text": "Stacy, J.\nPlaintiff and defendant are adjacent landowners of several lots situate in the city of Durham, N. C., and plaintiff claims an easement, or perpetual right of user, in, to, and over an alleyway, ten feet wide and 65 feet in length, lying along the edge of defendant\u2019s property and adjoining one of the plaintiff\u2019s lots.\nThere was evidence tending to show that the defendant\u2019s land, as well as that claimed by the plaintiff, was originally owned by Martha Mangum. Plaintiff then undertook to establish his title, including the alleged easement in question, by offering mesne conveyances tending to connect his claim with the original title of Martha Mangum, defendant\u2019s predecessor in title and the common grantor of both parties. Plaintiff introduced a deed from Martha Mangum \u00e1nd husband to Rufus Massey, but it does not sufficiently appear in the evidence that Rufus Massey ever conveyed the land to any one, or that any of the persons under whom tbe plaintiff now claims derived, title from said Rufus Massey by descent or otherwise. There has been no actual possession of the strip of land in controversy. Hence, upon the record plaintiff has failed to make out a prima facie case. Mobley v. Griffin, 104 N. C., 113.\nWhile this break in the plaintiff\u2019s chain of title would seem to be fatal, unless it can be cured, yet it does not appear from the instant, record that any rights have been lost by mere nonuser or failure to open said alleyway. 9 R. C. L., 810.\nFor the reason assigned the judgment must be upheld.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, J."
      }
    ],
    "attorneys": [
      "McLendon & Hedrick for plaintiff.",
      "R. 0. Everett and Fuller, Reade & Fuller for defendant."
    ],
    "corrections": "",
    "head_matter": "R. D. CRAVER v. DURHAM HOTEL CORPORATION.\n(Filed 12 April, 1922.)\nEasements \u2014 Alleyways\u2014Common Source \u2014 Evidence\u2014Chain of Title\u2014 Prima Eacie Case \u2014 Nonsuit\u2014Trials.\nWhere the plaintiff claims an.easement in an alley along the edge of the defendant\u2019s adjoining lands, and relies upon a paper chain of title from a common source, without possession, and fails to connect himself therewith, he fails to mate out a prima facie case, and a judgment as of nonsuit upon the evidence is properly rendered. Bemble, in the instant case, no rights have been lost by mere nonuser or failure to open the alleyway.\nAppeal by plaintiff from Kerr, J., at January Term, 1922, of DURHAM.\nCivil action to establish plaintiff\u2019s alleged claim and right of easement to a 10-foot alley running across and over the defendant\u2019s land.\nThis appeal is prosecuted from a judgment as of nonsuit, entered at the close of plaintiff\u2019s evidence.\nMcLendon & Hedrick for plaintiff.\nR. 0. Everett and Fuller, Reade & Fuller for defendant."
  },
  "file_name": "0317-01",
  "first_page_order": 377,
  "last_page_order": 378
}