Whatever title William Brown had to the land in dispute has been transferred to the lessors of the Plaintiff, and on that title he rests his right to recover in the present action. That title is thus deduced.

*197 In the year 1779, a grant issued from the State to Thomas I’itman for the land in dispute. Jesse Lee, by , -, , , deoil bearing date in 1314, conveyed the samo'laúd to William Drown, who had an uninterrupted possession of the land for seven years under that convey anee, before it was levied upon and sold to Jacob Rhodes. Jacob Rhodes, the purchaser, devised it to the lessor of the Plaintiff, and his title must be good, unless it has been weakened or destroyed by the claim set up by the Defendant.

If William Brown, had conveyed the legal title in the land To the Defendant in 1821, and they had both remained in possession so langas to make an uninterrupted possession of seven years from the time William Brown first took possession under" the deed from Lee, the title of the land would be in the Defendant ; for he and William would have had an uninterrupted possession for seven years under color of title.

But it appears that the legal title liad not been conveyed to the Defendant; that he had an equitable claim to the land under an agreement with William Brown, which is not made part of this case, and that he and William remained in possession of the land, as before stated. As the Defendant has no title which can bo noticed in a Court of Law, his title avails nothing, as being adverse to William, but must be taken to enure to William Brown’s color of title ; for in truth what equitable claim the Defendant had, would Lave availed nothing without it.

I therefore think, as William Brown had seven year’s possession under color of title, that his title is sufficient to enable the lessor of the Plaintiff to recover, having been transferred to him. The ride for a new trial should be discharged. If Rhodes, the purchaser, had notice of the Defendant’s equitable title, a Court of Equity will consider him as a trustee for Defendant.

Per Curiam. — Let the judgment be affirmed.