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.
1DissentHoke, J.
I cannot think that the Judge below made a correct ruling as to the burden of proof; certainly not to the extent to which it was imposed on defendant by the facts of the case as presented in the record.
It appears that, defendant having made an entry of a piece of land, plaintiff filed his bond and protest, and the cause was *679transferred to tbe civil issue docket. Ooming on for trial, an issue was -submitted as to whether the land was vacant, and the Judge held in limine that the burden of proof was on the defendant, the enterer, and defendant excepted. Defendant then made proof that his entry…
2Cases cited3 opinions
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Gaskins v. Allen.Supreme Court of North Carolina · 1905
- Ashley v. . SumnerSupreme Court of North Carolina · 1858