16 S.E. 17 | N.C. | 1892
This case is "on all fours" with McCulloh v. Daniel,
But here the sale, made by order of the court in 1860, purporting to convey the whole, and the decree and deed of the commissioner to same effect, is like the deed of a stranger. It was color of title, and the defendants, and those under whom they claim, have been in adverse possession ever since. It has been more than three years since 1882 (when all the plaintiffs ceased to be under disability) to the beginning *108
of this action, and the defendants have acquired a good title. The Code, secs. 141, 148; Johnson v. Parker
Upon the facts found, judgment must be entered below in favor of the defendants.
REVERSED.
Cited: Ferguson v. Wright,
(175)