2 N.C. 566
Supreme Court of North Carolina
Decided July 15, 1816
Supreme Court of North Carolina · decided 1816-07-15
This ejectment was tried before Daniel, J. at Sampson Superior Court, where the following case was diclosed by the testimony. The plaintiff produced a grant to James Spiller from the State, dated in the month of October, in the year 1787, and deduced title regularly from the grantee. Neither the grantee, nor any person under him, has ever had any actual possession of the premises in dispute.
Motion overruled by the Court, and a new trial refused · Decided 1816-07-15
¶1delivered the opinion of the Court,
¶2It is a very clear rule of law that the existence of a grant cannot be presumed, unless the party claiming the benefit of such presumption proves the actual possession of the land. No such possession having been proved here, the verdict must be set aside and a new trial granted.