The Defendant has been in possession, claiming under the devise to his wife, fifteen years before the commencement of this suit. When his possession commenced, Jeremiah Coffieid was of full age, and laboured under no disability : so that the only question in the ca?se is, Whether the devise to the Defendant’s wife be such colour of title, that seven years possession under it, bars the right of. entry. The Court are of opinion, that the devise is good colour of title, and that judgment bo given for the Defendant.
Den on the demise of Evans v. Satterfield, 5 N.C. 413, 1 Mur. 413 (1810)
July 1810
·
Supreme Court of North Carolina
5 N.C. 413, 1 Mur. 413
Den on the demise of Evans v. Thomas Satterfield.
IFrom Chowan. J
A devise is colour of title, and seven years possession under it bars the right of entry.
The question in this case was, Whether a devise be such colour of title, that seven years possession under it bars the right of entry. The facts were, that Thomas Haskins being seised of the lands, in the year 1762, devised them to his> wife Mary Haskins for life, remainder to his sou William in fee. William died without issue, and the estate in remainder descended to his nephew Thomas Haskins, who also died without issue, and the estate descended to his nephew Thomas Haskins, who in 1782, conveyed to John Coffiehl, jun. ‘, and he, in 1787, Conveyed to John Coffield, senior. He devised the land to his son Jeremiah, then of /ullage, who died in 1797, intestate, leaving a son named John, and twro daughters, Nancy and Betsey. Nancy died at eleven years of age ; Bet-sey intermarried with Evans, the lessor of the Plaintiff, and was under age when this suit was brought, as was also her brother John.
Mary Haskins, the devisee for life, died in 1792, having devised the lands to her son John Haskins in fee. *414John Haskins (lied in 1793, having devised the lands to his daughter Anne, since intermarried with Thomas Sat-tcfficld, the Defendant, who had been in possession of the lands from 1793, to the bringing of this suit in 1808.