Walker v. . Carpenter

HOKE and WALKER, JJ., dissenting. The defendant, Carpenter, entered a certain parcel of land, and (675) the plaintiff, Walker, filed his protest. Thereupon the matter came by proper process under the statute before the Superior Court for trial. His Honor submitted the following issue without objection: Is the land described in the protest and entry vacant and unappropriated? Answer: No. From a judgment for plaintiff, defendant appealed. The only question presented for determination is whether the court below erred in holding that the burden was upon the enterer, the nominal defendant in this…