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248 N.C. 740

105 S.E.2d 60

Carrow v. Davis

Supreme Court of North Carolina

Decided September 24, 1958

Supreme Court of North Carolina · decided 1958-09-24

Key passage — most relied on by later courts

“Color of title is a paper writing which purports to convey land but fails to do so.”

quoted by 1 later decision, including 85 N.C. App. 549 - State v. Taylor

Relies on Powell v. Mills · Williams v. Robertson · WACHOVIA BANK & TRUST COMPANY v. Miller

Good law ✅— No negative treatment on recordhow we know

Decided 1958-09-24

How this case has been cited

Cited by 18 later decisions — most recently January 2018

18 state decisions

601958196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Higgins, J.

¶1 Adverse possession of lands, Lindsay v. Carswell, 240 N.C. 45, 81 S.E. 2d 168, for 20 years will ripen into title. Everett v. Sanderson, 238 N.C. 564, 78 S.E. 2d 408. The defendant offered no evidence of adverse possession for that period. Adverse possession under color of a deed or grant will ripen into title in seven years. Trust Co. v. Miller, 243 N.C. 1, 89 S.E. 2d 765. Defendant’s adverse possession for that period is admitted. The'question is: Did he hold under color of title?

¶2 Color of title is a paper writing which purports to convey land but fails to do so. Trust Co. v. Parker, 235 N.C. 326, 69 S.E. 2d 841. However, if the failure arises from the insufficiency of the description to identify the land, then the writing cannot operate as color. Powell v. Mills, 237 N.C. 582, 75 S.E. 2d 759; Katz v. Daughtrey, 198 N.C. 393, 151 S.E. 879; Farmer v. Batts, 83 N.C. 387.

¶3 What the boundaries of a tract of land are, is a question of law. *742 Where they are located on the ground is a question of fact. Brooks v. Woodruff, 185 N.C. 288, 116 S.E. 724; Tatem v. Paine, 11 N.C. 64. To give effect to his possession, the defendant must fit the description in his deeds to the land he claims under them. A deed is void for vagueness of description unless it identifies with certainty the land sought to be conveyed. The identification must be complete in the deed itself, or the deed must point to some source from which the deficiency in the description may be supplied. Williams v. Robertson, 235 N.C. 478, 70 S.E. 2d 692; Cathey v. Lumber Co., 151 N.C. 592, 66 S.E. 580; Edmundson v. Hooks, 33 N.C. 373.

¶4 In his attempt to fit the description in his deeds to the lots claimed, the defendant offered the testimony of a surveyor. To repeat even in substance his evidence relating to the difficulties he encountered in attempting to follow the descriptions in either or both deeds, and to enclose a tract of land, would serve no useful purpose. The descriptions, taken separately or together, fail to enclose a tract of land. They refer to nothing which supplies the deficiency. The second deed recites: “This deed is intended to correct the description in (the first deed) . . . upon discovery that the description ... is probably erroneous.” Of the description in the second deed, the defendant has this to say in his brief: "The able judge below was steered off the correct line of reasoning by the confusion induced by the obvious error's in the so-called deed of correction ...”

¶5 The stipulation of the parties placed upon the defendant the burden of showing his adverse possession under color of his deeds. McPherson v. Williams, 205 N.C. 177, 170 S.E. 662. The judge sitting as a court and jury found he had not carried that burden. The record as it comes to us fully justifies the finding.

¶6 Affirmed.

JohnsoN and Paricer, JJ., took no part in the consideration or decision of this case.
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