Superior Court of North Carolina, 1799

Borrets v. Turner

Borrets v. Turner
Superior Court of North Carolina · Decided April 15, 1799 · Haywood
1 N.C. 112
Borrets v. Turner

Opinion of the Court

Haywood, J.

It is altogether unnecessary to inquire into the defendant’s title, before the plaintiff, who claims under Esther, has shewn a good one in himself. The hundred acres in question were separated from the residue by a legal conveyance, duly made by the patentee, and the Werleys can have no title, unless they have acquired one by the possession they had of part of the tract : this would have extended to the whole tract, if accompanied with a colour of title, without which, I apprehend, a possession will not bar adverse claims ; but with a colour of title, continued for seven years, it will bar them for ever, and give to the possessor a good title and right of property.

Verdict for the Defendant.

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