Bowser v. Wescott
Supreme Court of North Carolina
This is a proceeding under tbe entry laws (Revisa!, sec. 1109, et seq.), tried before bis Honor, W. B. Allen, J., at Spring Term, 1907, of Dare. Superior Court. Erom tbe judgment rendered the protestants, Bowser and Shannon, appealed.
1DissentWalker, J.
The case shows that the protestants, who .are the nominal and, as I think, the real and substantial plaintiffs in the record, failed to show that they had any title to or interest in the land, or to prove any facts upon which they could base a claim thereto. The presiding Judge ruled, first, that the protestants must show title or interest in order to get a standing in court, and, second, that they must take the burden Of proving that the land was not the subject of entry. It is impossible for me to perceive why both rulings were not correct. The first is plainly in accordance with the very…
2Cases cited18 opinions
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Gudger v. . HensleySupreme Court of North Carolina · 1880
- King v. . WellsSupreme Court of North Carolina · 1886
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