after stating tbe case: Tbe defendant reserved several exceptions to tbe rulings of tbe court and tbe charge, but we are of tbe opinion that there is but one which we need consider, and that is, whether tbe court should have modified tbe instruction which defendant requested and above set forth. "We do not understand the defendant’s counsel to contend that if the title of the plaintiff had already ripened under their color, that anything said to Ed. Stepp, agent of defendant, after its ripening, as to the fence or the true line dividing their lands, would be evidence against the plaintiff, but his position is that the added words of the judge were calculated to mislead the jury or confuse them as to whether they could consider that evidence in order to ascertain whether the title had vested. We think that the judge was clear enough in his statement, and that the qualification of the instruction was a proper one. It evidently meant that if, before the conversation between the witness, Ed. Stepp, and Padgett, about the fence and the line, the title had ripened by adverse possession — and we do not doubt that there was some evidence of this fact — then the declarations of Padgett, if they were made, would not affect his title, or divest him of it. And this conclusively appears to have been what was meant, if we refer to other parts of the charge which we have quoted, and the matter is left perfectly free from doubt in our minds, and also must have been, as we think, in the minds of the jurors.
We must read the charge as a whole, and construe it in the same way, as we have so often said (S. v. Exum, 138 N. C., 599; Reynolds v. Palmer, ante, 454); and when thus considered, we do not see how it could have been misunderstood by the jury. The entire charge was a very full and correct exposition of the law “arising upon the evidence.” The contention of each party was fairly stated, and defendant has no reasonable ground of complaint. It is manifest, from the evidence and the charge, as they throw light upon the verdict, that the jury have found that plaintiff held the land in adverse possession a sufficient time to ripen his color into a good title, and that defendant had no such possession, having made only occasional entries upon the land. The court gave substantially all of the instructions requested by the defendant to which she was entitled, and we can find no error in the case. The jury have really settled it against the defendant, upon the evidence, and after a correct submission of it to them.
No error.