Tyson v. Simpson, 3 N.C. 147, 2 Hayw. 147 (1801)

July 1801 · North Carolina Superior Court

3 N.C. 147, 2 Hayw. 147

Tyson vs. Simpson and others.

‘traJIS plaintiff's husband died, leaving a stock of cattle, which. A she took into possession s- the old stock is gone, anda nt-w-®ne arisen, and that new.one gone and another arisen ; .and lately the defendant having obtained administration, took them .from, her.. The possession of the original stock and of the increase, had been for forty years and more.. This case was-reserved by . Judge M/ICiy, in July, .1800, for consideration.

1 ayb>:, Judge,

after argument — The increase of the. increase &d infinitum, belongs to the owner ol the original stock; tho plaintiff cannot have acquired property by possession.. The act of limitations did not run so as .to bar the action of the administrator ; the letters were obtained not till lately; and the act begins to ran only from, the time of obtaining them» It has beets decided that the increase of negroes and their increase, belong to the owner of the wench from whom all descend; and I. cannot distinguish the. case of negroes from that of other am-jnals, Judgment accordingly.

Vide 2 Bl. C. 390, 504. 3 Ba. Ab. 301. 5 Ba. Ab. 169. 7 Rep. 17. Also Vide Sullivan, 314. Grot. B. 2, ch. 5, sec. 29, ch. 3 sec. 18.