Hanks v. Tucker, 3 N.C. 147, 2 Hayw. 147 (1801)

July 1801 · North Carolina Superior Court

3 N.C. 147, 2 Hayw. 147

Hanks vs. Tucker.

"j^N this case the defendant could not produce a ueed or patent,, or other colourable title, but proved possession for 40 years under marked lines, with some other circumstances, such as the reputation of the neighborhood for a long time back, that the. ían da were the defendant’s ; and an acknowledgement cm did part of the plaintiff, that they were covered by patent.

Per-curiam•

Under the act of .1715, or of 1791, possession, of itseff wnl give no title to the possessor; but 'aa uniform'pos-. session for 40 years u.nder circumstances which, convince the-jury that a grant'once existed, is a ground for them to go upon, in saying there was a grant.. If the jury in the present instance are satisfied from the evidence laid before- them, that- a grant did, exist, they will find, for the, defendant.

Yerdiet for the defendant, '