Supreme Court of North Carolina December 5, 1846 (Howcott's Ex'rs v. Warren)

Nash,'J. .

In this decision, we are of opinion his Honor erred. 'By the common law, when a

tort

to real property was not immediately inj urious, but was consequentially only, an action on the case was the proper remedy; and when the act, complained óf constituted a nuisance, the action might be brought for every fresh continuance of the nuisance.

Penruddock’s

case, 5

Rep.

101.