Public-domain · open source
OpenJurist

1 N.C. 112

Borrets v. Turner

Superior Court of North Carolina

Decided April 15, 1799

Superior Court of North Carolina · decided 1799-04-15

THIS was an ejectment brought upon the following title. In March 1717, the lords proprietors granted a tract of land containing four hundred and forty acres, to John Werley : in November 1724, Werley conveyed one hundred acres, part thereof to Jones, and sometime thereafter the residue, being 320 acres, to his son Joshua, who died leaving two sons, Joshua and William and three daughters, Elizabeth, Louisa, and Esther.

Decided 1799-04-15

Haywood, J.

¶1It is altogether unnecessary to inquire into the defendant’s title, before the plaintiff, who claims under Esther, has shewn a good one in himself. The hundred acres in question were separated from the residue by a legal conveyance, duly made by the patentee, and the Werleys can have no title, unless they have acquired one by the possession they had of part of the tract : this would have extended to the whole tract, if accompanied with a colour of title, without which, I apprehend, a possession will not bar adverse claims ; but with a colour of title, continued for seven years, it will bar them for ever, and give to the possessor a good title and right of property.

¶2Verdict for the Defendant.

/1/nc/112 · .json · Public domain