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3 N.C. 97

Borrets v. Turner

Superior Court of North Carolina

Decided April 15, 1799

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

T¡*JECMENT. The lords proprietors granted four hundred and forty acres to John Worley in the month of March, 1717; and he in November, 1724, conveyed one hundred acres, part thereof, to one Jones ; and afterwards he conveyed the residue, being 340 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, Justice.

¶1The plaintiff who purchased of Esther cannot recover, unless he shews a good title in himself. It is needless to enquire what title the defendant has. The hundted acres were separated from the residue, by a legal conveyance of the patentee ; and the Worleys have no title, unless they acquired one by the possession they had of a part: A possession of part, is possession of the whole ; but then a possession without colour of title, will not bar adverse claims ; a possession with a colour of title for seven years, will bar them forever, and give a good title and right of property to the possessor.

¶2Verdict and judgment accordingly.

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