AVe concur with the Court below that ‘-‘the plaintiff has shown no title, real or apparent, to- the land covered by the Rayfield patent, which antedated the Blount patent.” The plaintiff claims under a patent issued to John Grey Blount in 1795, which contains this exception : “ AVithin which bounds there hath been heretofore granted 22,360 acres.” The same exception appears in all the deeds which make up the plaintiff's chain of title.
The defendants claim under a patent for 480 acres issued to one Rayfield in 1716. It is found as a fact that the Ray-field land is within the outer boundaries of the Blount patent, and that the plaintiff has never been in possession of any part of the Rayfield land, though it has been in possession since 1873 of certain portions of the land covered by the Blount patent.
The possession by the plaintiff of any land embraced in its deed was constructive possession up to the boundaries thereof.. But this deed had inside as well as outside boundaries. It expressly excepted and did not convey land within the outside boundaries which had already been *161granted when the Blount patent issued. The Rayfield patent had been granted previously, and, though not expressly named in the Blount patent, id cerium cst, quod cerium reddi potent. This case differs from Waugh v. Richardson, 30 N. C., 470, where an exception simply “of.5,000 acres ” was held void for uncertainty. In McCormick v. Monroe, 46 N. C., 13, an exception like the present of “ 250 acres previously granted ” failed, because such prior grant was not offered in evidence. But it was held it would have been good if such grant had been produced Melton v. Monday, 64 N. C., 295. Here, the prior grant to Rayfield was in evidence. Nor is it material that there is a link broken in the defendant’s chain of title. The plaintiff has failed to show either possession of or any title or color of title to the locus in quo. It has no right to ask that the defendants be restrained from cutting timber thereon.
Nor can we give any weight to the suggestion that -it will be difficult now to locate the lines of the Rayfield patent. It is found that the defendants have not cut and do not intend to cut or trespass on lands outside of said patent. The restraining order was sought to prevent cutting on the Rayfield land, and was dissolved so as to permit the defendants to cut thereon. If they cut over the lino, they will do so at their peril, of course. No Error.