Taylor v. Johnston

ARNOLD, Judge.

■Petitioner attempts to prove title by a connected chain of title to a grant from the state. Though the petition was filed prior to its enactment, petitioner now argues that Chapter 47B, Real Property Marketable Title Act, is applicable.

From the trial court’s findings and conclusion, which are fully supported by the evidence, it is evident that the Wildlife Commission was in possession during this proceeding. The Marketable Title Act does not apply because petitioner is asserting claim against a party in present, actual and open possession of the property. G.S. 47B-3(3). The…