This Is The LB
By ROBERT E. LEE
For th* N. C. Bar
Association
SPITE FENCES
May a property owner
erect a so - called “spite
fence” or other structure on
his land solely for the pur
pose of annoying a neigh
bor?
This is a question con
cerning which the courts of
the several states are di
vided.
A spite fence v has been
defined by l6m Supreme
Court of Meath Carolina as
“one and
maintained iijfiely for the
purpose Os annoying a
y
l & ■
ip
REV. DON SUMMERS
British Pastor
At Rocky Hock
Rev. Don Summers of
Bristol, England, will
preach at Rocky Hock Bap
tist Church during a series
of evangelistic services be
ginning at 7:45 P. M. Tues
day. The services will be
held nightly through Sun
day.
Rev. Meredith G. Garrett,
pastor, said the community
is fortunate to have such
an outstanding guest speak
er for the revival services
and issues an invitation for
everyone in the area to
join in these services.
Special music and con
gregational singing will be
ix feature of each service.
**iJack Evans will direct the
■music
- Mr. Summers has prob
ably spoken to more peo
ple face to face than any
other preacher in Britain
: today, Mr. Garrett said.
His recent activities have
included the unique “All-
Dorset Crusade,” which
. brought to a spiritually
desolate area a three-year
program of evangelism and
_ saw hundreds of inquirers
referred to local churches.
With a number of asso
ciates, he has taken over
200 campaigns from united
city and county crusades to
tiny meetings in village
: churches.
V Also, Mr. Summers has
spent several periods as ah
associate evangelist with
: Dr. Billy Graham, notably
for 10 months with the
: Earls Court Crusade in
1966. He has traveled
widely in the United States
: . : and Canada and has taken
crusades in
Spain and Portugal.
~ —r —-- -
rv GOOD HEALTH is its own reward.
£ Proper diet, exercise and rest
| should safeguard it. Have a regu
*• •
;• tar medical checkup .. when medi
: - cation or prescriptions are requir
:• ed, we at Mitchener’s have the
V professional training to serve you.
I DIAL 482-2711 EDENTON, N. C.
A
neighbor.” SMSf^MM^Pare
usually erafed’fMp the
neighbors JW unapendly,
and for ha other than the
malicious motiro of cutting
off dike view, air and light
of Ike other.
I& a large number of
htaop a man may build a
Knee upon his own land as
high as he pleases, even
though he obstructs the
view, light and air of his
neighbor and does so to
solely annoy the adjoining
neighbor. In the states so
holding, the motives of the
builder cannot be consider
ed as having any bearing
on his legal right.
On the other hand, some
states, including North Ca
rolina, have held that a
fence erected maliciously
and for no other purpose
than to shut out the view,
air and light of a neighbor
is a private nuisance.
Being a private nuisance,
the injured neighbor may
in North Carolina sue for
damages or obtain an in
junction prohibiting the
erection or maintenance of
a spite fence.
The right to use one’s
property for the sole pur
pose of injuring others is
not one of the indestruct
ible rights of ownership.
The law of spite fences
for North Carolina was
pounded and hammered out
in a 1909 North Carolina
Supreme Court decision,
which said: “No one ought
to have the legal right to
make a malicious use of his
property for no benefit to
himself, but merely to in
jure his fellowman. To
hold otherwise makes the
law an engine of oppression
with which to destroy the
peace and comfort of a
neighbor, as well as to
damage his property for no
useful purpose, but solely
to gratify a wicked and de
basing passion.”
In a decision on the same
subject in November, 1963,
the Supreme Court of
North Carolina reaffirmed
its earlier decision of 1909,
which had been reached by
a vote of 3 to 2.
It is, of course, the func
tion of the jury to decide
whether a particular fence
is in truth and fact a so
called “spite fence.”
If a fence is erected for
some useful or ornamental
purpose of its owner, it
cannot be enjoined even
though the adjoining neigh
bor is annoyed thereby.
Chappell Hill
Revival Slated
The Chappell Hill Bap
tist Church in Tyner will
hold an annual series of
revival services August 26-
31 with services beginning
at 8 P. M. each day.
Rev. John Wesley Shipp,
pastor of Smryma Baptist
Church, Rock iCastle, Va.,
will be the guest evange
list.
George Cooke, director of
music at Temple Baptist
Church in Norfolk, Va.,
will direct the music with
special music each evening.
The public is cordially
invited to attend these ser
vices.
THE CHOWAN HERALD, EDENTON, NORTH CAROLINA, THURSDAY, AUGUST 22, 1968.
• ALLGOOD BRAND SLICED BACON . . "SUPER-RIGHT" BRAND SLICED •
mm The store that
I-Lb C L I cares about you!
Pkg. HMBW Pkg Pkg Pkg \ C
prices in this ad
AUGUST COME SHOP
SAVE EXTRA CASH AT A&P
GOVERNMENT INSPECTED. SUPER right j \ "SUPER-RIGHT” QUALITY HEAVY CORN FED BEEF, GOVERNMENT INSPECTED
shced Cooked Picnic *<, 4UC B I B XAI
isliced Boiogno k 53c CHICKEN BOIieIGSS Beet DI6dKS
’Super Right Gov'ml Inspected Short Shonl- B B Wm ■§ T I n a a n J I J
Whole Smoked Picnics 39c UPU Top Round Bottom Round Cubed
Oceon Pe’rch Fillets 1 33 C 5 1 55 lILII LB QQC LB QCC LB AQC
Shrimp Cocictor FB0 " N eowe Oflc *OU •Oj •UU
Corned Beef Briskets 69c [ ‘ FRESHLY GROUND BEEF 49c
mokton government inspected frozen " LEAN BONELESS STEW BEEF -59 c
f R iEAT C p h i C Es cn ° r 4-?69c FRESHLY CHOPPED SIRLOIN -89 c
, LIJJJJU|IJJHLw»m^r.nr m 1
IDEAL FOR SALADS OR SANDWICHES _ _
VINE RIPE TOMATOES * 19°
YELLOW CORN 12 '• 59c WHITE TABLE GRAPES * 19c
54—EARS IN A BAG S 2 59
HONEYDEW MELONS -59 c FRESH PRUNE PLUMS ■ 19c
RUSSET POTATOES 10 & 69c SWEET BARTLETT PEARS ■ 19c
■ / BREAD *••'•■=•-1'“. 4 l-oV:. 89c e ™ -^^l
J: ■ #lßl-rBB# Whole Whco, ■ WW / PUNCHED 1
’ i] jane PARKER vanilla cpfme iced ■ fruit filled Spanish I Mm IV I r ULED j
BAR CAKE 3 a 1.00 tRffNPBI
BLUEBERRY PIE »■};, 49C POUND CAKE APPLE PIE 4!)C DONUTS 2
• OUR OWN BRAND INSTANT • I com, « £
■■■ MIX Hi Cllifrr°~ c:; ‘" 6,c
TBA W » "ELOPEs
■ Uj " g c J
® VACUUM PACKED SALTED
A&P Dry Roasted Peanuts ] l°n 59c
A&P Dry Roasted Cashews 6 c Q n z 59c
• ”OUR FINEST QUALITY''—GRADE A' SPECIALLY PRICED mmmm
A&P APPLE SAUCE 3 * 50 c
• "OUR FINEST QUALITY" BREAKFAST OR PUNCH DRINK—A&P
GRAPEFRUIT JUICE 2 69
• MARVEL ICE CREAM WITH SHERBET OR H
MARVEL ICE CREAM 55
BARBECUE SAUCE « 39 c
MEL-O-BIT PASTEURIZED, PROCESSED, SLICED AMERICAN
6-OZ. ™PC
pkg. B
\—B
PAGE THREE