Den on the demise of Bowden v. Evans , 3 N.C. 222 ( 1802 )

Johnston, Judge.

If he is entitled to any part, he shall re-, cover it; and the defendant must be found not guilty for the re-, sidue which he claims and has no title to.

And in this case, Judge Johnston also decided, that it is suf-i ficieut evidence of the death of the ancestor of the lessor of the-plaintiff, that he has been absent seven or eight years, and had not been heard of In that time.

Verdict and judgment accordingly^