Bryan v. Carleton, 1 N.C. 103, 1 Tay. 103 (1799)

March 1799 · North Carolina Superior Court

1 N.C. 103, 1 Tay. 103

Bryan versus Carleton and Allen.

A QUESTION arising in this case, relative to the legal effect of a concurrent possession, where both parties claim under title ; the following opinion was delivered,

The possession of a spot of ground, included in two deeds or patents, (each party being settled on some other part of his land,) is in the older grantee; but if that spot is settled upon, in the settler.

By

the Court.

Where a tract of land is as to part, included in A’s deed or patent ; and the same part is also included in B’s deed or patent, and each grantee is settled upon that part of the land comprised in his deed, although not included in both deeds ; the possession of the part included in both deeds, is in him whose deed or patent is the eldest.

But, if one of them is actually settled for seven years together, upon the part comprehended in both deeds ; the possession is his, and the other will be barred thereby.