Hubbard v. Josey, 701
Decision Date | 25 May 1966 |
Docket Number | No. 701,701 |
Citation | 267 N.C. 651,148 S.E.2d 638 |
Court | North Carolina Supreme Court |
Parties | A. P. HUBBARD and wife, Marion T. Hubbard, Randolph Kabrich and wife, Nancy B. Kabrich, v. Claude K. JOSEY and wife, Linnell B. Josey. |
Thomas Turner and Harry Rockwell, Greensboro, for plaintiffs, appellants.
Douglas, Ravenel, Josey & Hardy, Greensboro, for defendants Josey, appellees.
Unquestionably the instant case presents a justiciable controversy and the parties are entitled to a declaration of their rights, and the action should be disposed of only by a judgment declaring them. Nationwide Mutual Insurance Co. v. Roberts, 261 N.C. 285, 134 S.E.2d 654, where it is said:
1 Anderson, Declaratory Judgments, (2d ed.) § 318; Cabell v. City of Cottage Grove, 170 Or. 256, 130 P.2d 1013, 144 A.L.R. 286.
We held in Shingleton v. State, 260 N.C. 451, 133 S.E.2d 183, that a controversy between an individual and the State as to the extent of an easement granted by the State may be determined in an action brought in the Superior Court pursuant to the provisions of the Declaratory Judgment Act.
It was also held a controversy as to whether the deeds in question created a fee upon special limitation and as to whether title would revert to grantors upon the happening of the contingency, may be maintained under the Declaratory...
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