Bloss, 3 N.C. 223, 2 Hayw. 223 (1802)

Oct. 1802 · North Carolina Superior Court
3 N.C. 223, 2 Hayw. 223

Bloss vs.

TJ* JECTMENT.

'Johnston, Judge.

Seven year’s possession without a colour of title, will bar the plaintiff’s right to an ejectment; but if the wife be entitled, and the husband sell in fee, the purchaser is in under the wife’s title, and has not a possession adverse to her’s, till the death of her husband ; then it is adverse. But seven years have not elapsed in the present case, since the death of the husband ; therefore the plaintiff may recover.

Yerdict and judgment accordingly.

Suere. as to the seven year’s naked possession being a bar to the plaintiff; ior it is not law, as the Court of Conference has since decided.