Preston v. Bennett

WilliaMS, Judge:

This cause is here upon writ of error granted plaintiff to a judgment in ejectment rendered by the circuit court of Baleigh county on December 20, 1907, in favor of defendant. The case was tried by the court, in lieu of a jury, upon the title papers of the respective parties and upon an agreed state of facts. Plaintiff claims title by deed from J. A. Ewart, Commissioner of School Lands, dated February 4,1901, and defendant claims the same land under a tax deed made to his immediate grantors' bearing date the 7th- of January, 1897, and recorded January l‘4j 1897. The question…