Walker v. Carpenter
Supreme Court of North Carolina
PROCEEDING under entry laws (Reyisal, cb. 37), tried before Guión, J., at February Term, 1907, of the Superior Court of Rutherford County. Tbe defendant, Carpenter, entered a certain parcel of land, and tbe plaintiff, Walker, filed bis protest. Thereupon tbe matter came by proper process under the statute before tbe Superior Court for trial.
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PROCEEDING under entry laws (Reyisal, cb. 37), tried before Guión, J., at February Term, 1907, of the Superior Court of Rutherford County. Tbe defendant, Carpenter, entered a certain parcel of land, and tbe plaintiff, Walker, filed bis protest. Thereupon tbe matter came by proper process under the statute before tbe Superior Court for trial. His Honor submitted tbe following issue without objection: Is tbe land described in tbe protest and entry vacant and unappropriated? Answer: No. Erom a judgment for plaintiff, defendant appealed.
1Opinion of the CourtBrown, J.
The only question presented for determination is whether the court below erred in bolding tbat the burden was upon the enterer, the nominal defendant in this case, to make out bis prima facie case tbat the land in dispute, which he claims to have entered, was subject to entry; tbat is, vacant or unappropriated. It is immaterial tbat the Clerk of the Superior Court has arrayed this protestant as a plaintiff and the claimant as defendant. In the view we take of the matter it is more orderly in giving a title to proceedings of this character to put the claimant down as plaintiff and the…
2Cases cited1 opinion
- Johnson v. WescottSupreme Court of North Carolina · 1905
3Cited by11 opinions
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- Stein v. . LevinsSupreme Court of North Carolina · 1933
- Tillotson v. . CurrinSupreme Court of North Carolina · 1918
- Castelloe v. . JenkinsSupreme Court of North Carolina · 1923
- Wilson Lumber & Milling Co. v. ClarkeSupreme Court of North Carolina · 1910
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