Cain v. Downing
Supreme Court of North Carolina
Appeal from Bragaw, J., at September Term, 1912, of Bla-den. This is a proceeding to protest an entry made by the defendant, J. H. Downing, of a certain tract of land, said to -contain 200 acres. The entry was expressed in these terms: J. H. Downing produced to the undersigned entry taker a writing, signed by himself, that he lays claim and enters a certain parcel or tract of land vacant, unappropriated and subject to entry.
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Appeal from Bragaw, J., at September Term, 1912, of Bla-den. This is a proceeding to protest an entry made by the defendant, J. H. Downing, of a certain tract of land, said to -contain 200 acres. The entry was expressed in these terms: J. H. Downing produced to the undersigned entry taker a writing, signed by himself, that he lays claim and enters a certain parcel or tract of land vacant, unappropriated and subject to entry. The land is situate in Bladen County, Colly Swamp being the nearest water-course, being in Colly Township, in and around Ditch Bay. The lines of other persons are J. El.…
1Opinion of the CourtWalker, J.
This case seems to have been considered in the court below by the protestant and the judge, in one aspect of it, as if it was a contest between parties holding senior and junior entries, in which case it must appear, in order to defeat *595tbe junior enterer wbo first takes out a grant, tbat be bad notice of tbe prior entry, and tbe description of tbe land therein, for tbat reason, becomes very material. It must be sufficiently accurate or specific to notify tbe junior enterer of tbe prior entry. But there is no such question in this proceeding. It was brought under Revisal, sec. 1109, which…
2Cases cited14 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Walker v. CarpenterSupreme Court of North Carolina · 1907
- Grayson v. . EnglishSupreme Court of North Carolina · 1894
- Bowser v. WescottSupreme Court of North Carolina · 1907
- Harris v. . EwingSupreme Court of North Carolina · 1836
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