Walker v. . Parker
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at January Term, 1915, 'of Wilkes. This is a proceeding to protest an entry. The protestant alleged in her protest that she was the owner of two tracts of land, one of 45 acres and the other of 50 acres, the 50-aere tract being, as she alleged, the land covered by the David Parker grant, and that’ if the land described in the entry was within the boundaries of these two tracts of land, it was not vacant and unappropriated.
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Appeal by defendant from Harding, J., at January Term, 1915, 'of Wilkes. This is a proceeding to protest an entry. The protestant alleged in her protest that she was the owner of two tracts of land, one of 45 acres and the other of 50 acres, the 50-aere tract being, as she alleged, the land covered by the David Parker grant, and that’ if the land described in the entry was within the boundaries of these two tracts of land, it was not vacant and unappropriated. The 50-aere tract is located between the 45-acre tract and the land described in the entry, and therefore the land in the entry could…
1Opinion of the CourtAuleN, J.
“All vacant and unappropriated lands belonging to the State,” subject to certain exceptions which are not involved in this appeal, are the subject of entry (Revisal, 1693), and it has been held that “Lands that have been once granted by the State to individual citizens,, that is, cut off from the undefined public domain and appropriated to private uses, do not become vacant within the meaning of the statute simply because the State may in some way again acquire them, and fail to put them to any spécial use.” S. v. Beavers, 86 N. C., 590.
The person who claims the right to make the entry is…
2Cases cited7 opinions
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Bowser v. WescottSupreme Court of North Carolina · 1907
- Anderson ex rel. Yancy v. YoungSupreme Court of North Carolina · 1853
- Wilson Lumber & Milling Co. v. ClarkeSupreme Court of North Carolina · 1910
- Odell v. . HouseSupreme Court of North Carolina · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Virginia Electric & Power Co. v. TillettCourt of Appeals of North Carolina · 1986
- State v. . DowellSupreme Court of North Carolina · 1928
- Cain v. . DowningSupreme Court of North Carolina · 1913
- Cape Lookout Land Co. v. MaxwellSupreme Court of North Carolina · 1918
- Meriden National Bank v. TurnerSupreme Court of North Carolina · 1939
1 more not listed; retrieve them via the Exa API.