A possession of thirty-five years under an act of Assembly, must doubtless be considered a good title in law, according to the reason of all the decisions which have been made touching colour of title. It is not perceived on what ground any valid objection could be made to it;'for every presumption is to be made in favor of an act of the Legislature, and supposing it to be unconstitutional, non constat that this was known to the Defendants, and it still afforded a colour of title. The judgment must be affirmed.
Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. Trustees of the Newbern Academy, 9 N.C. 233, 2 Hawks 233 (1822)
Dec. 1822
·
Supreme Court of North Carolina
9 N.C. 233, 2 Hawks 233
Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. The Trustees of the Newbern Academy.
Front Craven.
A possession of thrcty-f:ve years under an act of tlie Legislature gives good title in law, even though such act be unconstUiUumai.
This was an action of ejectment, brought to recover possession of a lot of land in the town of Newbern. Thu lot was, prior to the year 1776, purchased and granted for the support of the Ministry of the Protestant Episcopal Church of Newbern. 'The lessors of the Plaintiff occupied the lot as a debe under this grant, until the year 17.37, when the Defendants entered into possession *234thereof, and have continued in the possession ever since,' cIaisn*no title under an act. of the General Assembly passed in 1786, which, after a recital in the preamble, |.|ia£ †][0 ¡0jc 0f jan(j jn ^¡ie town of Ncwbern, commonly known by the appellation of the Glebe, would tend to increase the funds of the Academy in said town, if the same were vested in the trustees thereof, proceeds to enact that t. e same be vested in the said trustees, and au-thorises them to take possession of the same. The above statement of facts was submitted, by the consent of parties, to the Court below, with the question arising thereon, viz : Whether the Plaintiffs were barred of their right by the act of limitations ? The Court decided that they were so barred, and rendered judgment for the Defendants accordingly. The Plaintiffs appealed to this Court.
The case was submitted, without argument, by
Hawks for the appellant, and Gaston for the appellee.