Babb v. Gay Manufacturing Co.
Supreme Court of North Carolina
PROCEEDING under the entry laws, heard before Ward, J., at Fall Term, 1908, of Perquimans. From a judgment sustaining the protest filed by defendant the plaintiff (the enterer) appealed.
1Opinion of the CourtBrown, J.
It is unnecessary to determine the validity of the entry made by plaintiff upon the lands in controversy. It is quite indefinite and uncertain, and may possibly be void for that reason. Fisher v. Owens, 144 N. C., 649; Call v. Robinett, 147 N. C., 615. But we sustain the judgment of the Superior Court upon the ground tbat plaintiff enterer bas failed to sbow tbat the lands entered are vacant and unappropriated. Walker v. Carpenter, 144 N. C., 674.
For the purpose of showing tbat the lands be bas entered are unappropriated the plaintiff introduced a grant to James P. Winslow, dated 29 December,…
2Cases cited5 opinions
- Perry v. . ScottSupreme Court of North Carolina · 1891
- Walker v. CarpenterSupreme Court of North Carolina · 1907
- Fisher v. . OwenSupreme Court of North Carolina · 1907
- Call v. . RobinettSupreme Court of North Carolina · 1908
- Sheppard v. . SimpsonSupreme Court of North Carolina · 1827