27 N.C. 634 | N.C. | 1845
Ejectment for a tract of land, of which it appeared the defendant was in possession, claiming under a deed from Levi Fagan and his wife, Fanny, to Thomas Walker, and the will of the said Thomas giving her a life estate therein. The land belonged in fee to the said Fanny, the wife of said Levi. The deed to Thomas Walker was signed and sealed by the said Levi and his wife, Fanny, in December, 1811, but was not *444
so acknowledged by her, as by the laws of this State, to pass her legal interest. The said Fanny died about 1825, leaving Franklin L. Fagan, one of the lessors of the plaintiff, her only child and heir at law. Her husband, Levi Fagan, died in February, 1839. Thomas Walker took possession under his said purchase and so remained until his death, when his widow, the present defendant, continued the possession until this time. The possession of the said Walker and his widow was for more than seven years before the death of the said Levi, and this action was not commenced until November, 1843, more than three years after the death of the said Levi, the plaintiff's lessor being of full age at the death of Levi. The plaintiff insisted that there never having been any such probate or acknowledgment of the deed as passed the interest of the wife, the possession of Walker and his widow did not become (635) adverse until after the death of the husband, Levi Fagan, and that he had seven years after that time within which to assert his title. The defendant contended otherwise. A verdict was taken for the plaintiff, subject to the opinion of the court upon the question of the statute of limitations. Upon this question the court, upon the authority of Jones v.Clayton,
PER CURIAM. Reversed.
Cited: Williams v. Lanier,
(639)