Supreme Court of North Carolina October 2, 1918 (Cape Lookout Land Co. v. Maxwell)

Alleit, J.

We do not approve the form of the issue submitted to the jury because, under the first issue, the fact in dispute is whether the land company is seized of the land in controversy, when in a proceeding like this to protest an entry the enterer must fail unless he shows that the grant relied on by the protestant does not cover his entry; and if it appears that the entry is within the