Supreme Court of North Carolina May 8, 1940 (State Ex Rel. Sinclair v. Croom)

Seawell, J.

This case is governed by

Habit v. Stephenson, ante,

447, and

Barker, Solicitor, v. Palmer, ante,

519. In both of these cases this Court has decided tiat tie property of an innocent person, which in itself is not of a character such as to constitute a nuisance

per se,

or according to its ordinary use, may not be condemned, or its innocent use by the owner forbidden or destroyed,