Anonymous, 3 N.C. 134, 2 Hayw. 134 (1801)

Jan. 1801 · North Carolina Superior Court

3 N.C. 134, 2 Hayw. 134

Anonymous.

-mECTMENT. The plaintiff purchased from one who hacf been absent-about thirty years or more in South-Carolina,, v/ho claimed as heir to his father, who had been absent forty years or more. Some years alter the departure of the father,,. the defendant took possession, and claimed the land to the present time 5 and in 1784 obtained a patent from the state. The-vender was on the land when the deed to the plaintiff was executed.

Per curiam,

Taylor, Judge

-This is not the conveyance-of a right of entry, for the vender actually entered, and was in.possession at the time of the sale. Secondly — The possession-, ef the defendant before the grant from the state, was a naked, possession without colour of title, and therefore he did not acquire the right of possession before that time ; nor has he acquired it since, for there were not seven years uninterrupted', possession prior to the vender’s entry.