Borrets v. Turner, 3 N.C. 97, 2 Hayw. 97 (1799)

April 1799 · North Carolina Superior Court

3 N.C. 97, 2 Hayw. 97

Borrets vs. Turner.

T¡*JECMENT. The lords proprietors granted four hundred and forty acres to John Worley in the month of March, 1717; and he in November, 1724, conveyed one hundred acres, part thereof, to one Jones ; and afterwards he conveyed the residue, being 340 acres, to his son Joshua, who died, leaving two sons, Joshua and William, and three daughters, Elizabeth, Louisa and Esther. Joshua entered and died without issue ; then William entered and died without issue ; and then the lands were divided amongst the daughters, and the hundred acres conveyed to Jones, were allotted to Esther. The Worleys possessed and cleared the tract of 340 acres for upwards of forty years, and extended their clearing into a part of the hundred acres tract, and cultivated that part with the other, within the same fence, for the same time.

Haywood, Justice.

The plaintiff who purchased of Esther cannot recover, unless he shews a good title in himself. It is needless to enquire what title the defendant has. The hundted acres were separated from the residue, by a legal conveyance of the patentee ; and the Worleys have no title, unless they acquired one by the possession they had of a part: A possession of part, is possession of the whole ; but then a possession without colour of title, will not bar adverse claims ; a possession with a colour of title for seven years, will bar them forever, and give a good title and right of property to the possessor.

Verdict and judgment accordingly.