83 S.E. 687 | N.C. | 1914
Civil action to recover land. On the issue as to title there was verdict for defendant. Judgment, and plaintiff excepted and appealed. On the trial plaintiff introduced a grant from John D. Corn, dated 28 September, 1856, covering the land in controversy, and mesne conveyances passing this title to plaintiff.
Defendant introduced a deed from Solomon Jones to George Thomas, dated 11 January, 1872, also covering the said land; proved that his wife was a granddaughter of said George Thomas, and contended that he had matured title under said deed by adverse occupation for the time required for that purpose.
It is said in some of our decisions that the possession of land is presumed to be adverse; but that is only true when nothing else is shown but the mere fact of possession, as when it is sought to show title out of the State, a case presented in Bryan v. Spivey,
Where, however, it is shown that the title, having been granted by the State, is vested in a claimant by proper mesne conveyances, then, under our statute, Revisal, sec. 386, and several decisions rendered since its enactment, as in Bland v. Beasley,
There is much evidence offered in this case tending to show that, since the execution of the deed from Solomon Jones to George Thomas, being the deed under which the defendants assert their claim, this land has been occupied by Abe Shipman and others; but, on careful perusal of the record, we do not find any testimony tending to show that such occupation was under or in any way connected with this Thomas claim except that of one Cook, who was shown to have rented the land from George Thomas in '81 or '82 or '83, and to have held it as such tenant for one year.
The later possession by the Thomas heirs themselves, being only an occasional entry for the purpose of cutting a few logs, was not of a character to establish title by adverse possession. McLean v. Smith,
For the error indicated, plaintiff is entitled to a new trial of the cause, and it is so ordered.
New trial.
Cited: Land Co. v. Floyd,
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