Bowser v. . Wescott

WALKER, J., dissenting, and HOKE, J., concurring in dissenting opinion. It is contended by the learned counsel for the enterer that there are admissions in the record that the protestants have no title to the land entered, and that, under the ruling in Johnson (57)v. Wescott, 139 N.C. 29, the protest should be dismissed and the enterer permitted to take out his grant. We fail to find any such admission in the record. It is admitted that the protestants on the trial failed to connect themselves by evidence with the possession of Ben Etheridge, Barbara Frost, or Ned Bowser, but that is far from…