*1 549 N. SPRING- O.] In RE Edwards. Petition of in- that at promise thereby effect the time the made the plaintiff claims, duced him execute the deed under which she did intend it. perform If this the allegation trial, is sustained at the defendant will void, be entitled to a that his that can- decree deed Taylor Edmunds, celed. In v. 97 S. it is said: E., “The mere fact that a grantor signs who can read and a deed write does not him from necessarily conclude between himself and showing, as the grantee, that he induced to fraud on sign by part the of the grantee, or that deceived and thrown off his the guard by false grantee’s statements and assurances designedly made the time reasonably relied him.” judgment The Reversed. H.T. re EDWARDS.
In Petition of (Filed May, 1934.)
Highways Question A neighborhood of discontinuance of t>— presented by special proceeding must be before the clerk. The of the of a is not taken over part system, State as a of Public Laws of chap. 145, road, is not a but is neighborhood public chap. 302, within must be determined clerk, presented by petition and where the has been to the judgment board commissioners the of the Court on appeal dismissing correct, part judgment but that of the is erroneous and will appeal Supreme out stricken on further to the Court. J., concurring
Clarkson, in result. Appeal Schenck, J., from at August Term, 1933, Yancey.
R. W. Wilson appellant. Watson & Fonts appellee. J. T. H. Edwards filed a the board of com- AdaMs, missioners Yancey County requesting part land be closed. Several citizens certified that the road was not used public. needed or The commissioners made an order that the An road be' abandoned. adjoining landowner appealed to the Superior IN COURT. THE SUPREME [206
In be oe Edwaeds. Petition *2 tbe proceeding, facts, Court certain dismissed and Scbenck found Judge Tbe use. open public and ordered tbat tbe road remain for appealed. relating legislation
In 1931 tbe General enacted additional Assembly roads of public and tbe of tbe to tbe to maintenance highway system in 145. section provided cb. It 1931, tbe State. Pub. Laws and control, management, this act exclusive July, 1931, tbat after tbe should vested all in tbe several counties roads responsibility district, of county, and tbat tbe place in tbe State Commission Highway All roads com- should abolished. and road commissioners township to be on before mapped several road were posing county systems tbe a in each county first at courthouse door day May, 1931, tbe and tbe road sys- all making up county was to be roads tbe map posted showing constitute All no was made were to objection tem. these roads to which Highway Tbe State for tbe counties. county system respective tbe before at time change maps any Commission was to tbe authorized tbe not on appear so as to include roads tbat did they posted any were be taken over tbe were to printed maps. Only maps those appearing in 11. referred to petition tbe Commission. Section Tbe by Highway a in only county system. 14 is to road applicable section with cart- 70, of tbe Consolidated Statutes deals 13, chapter Article easements. This article roads, roads, church and like ways, Laws which 1931, by provided Public is by chapter amended of these any or discontinuance of establishment, alteration, tbat tbe easements shall be determined a tbe in which clerk of Court of tbe
tbe tbe 448), act chapter (cb. is this affected situated. By tbe which is as follows: 3838:b^, was amended insertion section system all of tbe tbe State portions “Tbat those placed have not been taken over and under maintenance which remain Highway Commission, tbe State but been abandoned in tbe and all roads tbat have general public, use those open and with out, constructed, been laid or reconstructed relief unemployment are supervision Department Welfare, funds under of tbe of Public tbe to be and shall be sub hereby neighborhood public roads, they declared alteration, act tbe ject provisions respect all tbe this author any interested citizen is extension, thereof, ized to such proceeding.” institute is
Tbe described in tbe in map posted Yancey tbe is in “county system” not included tbe taken over State Commission; nor is it a or mill Highway road. a neighborhood It road within tbe quoted act, of tbe of its discontinuance must tbe be determined by special pro- instituted before tbe clerk. ceeding SPRING 0.] op Kelly.
In RE Wile As no jurisdiction judg the board of commissioners had ment but clause dismissing affirmed, should be stricken out.* OlaeKsoN, J. W. C. Edwards claims vested Concurring result: easement right and on the This ease highway controversy. private ment or right he contends he owns over this has a kept open private use under his vested right Alexander, easement. As said 202 N. 130 (131-2), Davis v. numerous citing authorities: law applicable “The to this action is well in 2 Elliott, (4th stated Roads and Streets sec. 1668 : Ed.), part p. 'Once a highway always maxim highway/ of the common *3 law to which we have often referred, and so far as concerns the rights abutters, others similar occupying position, who lawfully and in faith good invested money obtained interests in just expectation the continued existence of the the maxim still good. holds even legislature Not can take such rights away without compensation. Such, least, is rule to us seems to be supported by the better reason and weight al authority, though there much apparent conflict as to the when doctrine applied to the vacation of highways.” In the main opinion, is said: “But the clause road shall remain open, shall be stricken out.” This refers to the road being W. highway. 0. Edwards would easement in the road as a private highway.
In re Will of ISABELLA KELLY.
(Filed May, 1934.) Wills jury C e —Evidence lield sufficient of whether requested attesting sign paper-writing. testatrix witnesses proceeding The evidence this caveat towas the effect that the sub- scribing witnesses, request beneficiary will, at the of the chief under the paper took the the testatrix at her home where she was confined to by sickness, her, response her to a bed the will was read and that as to whether she understood it she nodded her head affirma- tively, pen, making mark, being and that touched the her after shown opinion *This was written accordance with the decision Court’s adopted filed, by Court, AcLq/ms’ order of the after Justice death. 23 May, Brogden, J.