Johnson v. Wescott
Supreme Court of North Carolina
PROCEEDING under entry laws beard before Judge Q. W. Ward, at the Spring Term, 1905, of the Superior Court >of Dare. From the judgment entered dismissing the proceeding, the protesting parties, the plaintiffs, appealed.
1Opinion of the CourtProwN, J.
These proceedings were instituted under chapter 272 of the Acts of 1903, amending the law’s relating to the entry of racant lands. The protesting parties moved the court that on the face of the record, the burden of proof was on defendant (Wescott) to open the case and show cause why his entry should not be declared void. Overruled and plaintiff excepted. This, was the first exception. This motion was based upon the wording of section 3 of the act. It is plaintiff’s contention that under the wording of this law, the burden is on the one making an entry of land under it, when protest is filed,…
2Cited by4 opinions
- Walker v. CarpenterSupreme Court of North Carolina · 1907
- Bowser v. WescottSupreme Court of North Carolina · 1907
- Bowser v. . WescottSupreme Court of North Carolina · 1907
- Walker v. . CarpenterSupreme Court of North Carolina · 1907