Roberts v. . Sawyer

Stacy, O. J.

We think there was error in striking the respondents’ answer from the record for want of a defense bond, and entering judgment by default on the petition.

In the first place, there is no denial of petitioners’ title except as to the true boundary line. Clark v. Dill, 208 N. C., 421, 181 S. E., 281. The title is not really in dispute. Woody v. Fountain, 143 N. C., 66, 55 S. E., 425.

Secondly, a defense bond is not required in a special proceeding to establish boundaries. G. S., 38-1 to 38-4.

Thirdly, even if title were involved, Smith v. Johnson, 137 N. C., 43, 49 S. E., 62, the…