Tharpe v. . Holcomb
Supreme Court of North Carolina
Civil ActioN for possession of land, tried before Timber-lake, J., at February Term, 1900, of Iredell Superior Court. Tlie land bad belonged to Eleana Elliott, who in 1873, devised it to his wife for life.
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Civil ActioN for possession of land, tried before Timber-lake, J., at February Term, 1900, of Iredell Superior Court. Tlie land bad belonged to Eleana Elliott, who in 1873, devised it to his wife for life. At her death in November, 1882, Angoline Privett, one of the daughter's of Eleana Elliott, and wife of Cader Privett, entered into possession, claiming the land as her own under the will of her* father until her death in June', 1894. She and her husband had mortgaged the land in October, 1887, to J. S. Ramsey, to secure a debt — which mortgage "was foreclosed by sale and deed made to the…
1Opinion of the CourtFaircloth, C. J.
This is an action of ejectment, and the plaintiff and defendant are .tenants in common of the land in controversy. The only material question to consider is whether the defendant has title by adverse possession under .-color of title by force of the seven-year statute', Code, sec. 141.
It is conceded that the defendant and those under whom he •claims have been in continuous, possession of the premises for more than seven- years under' color. Was thei possession ■adverse ?
The possession of one tenant in common is presumed to be the possession of all the tenants.
An adverse possession for twenty…
2Cases cited2 opinions
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Breeden v. . McLaurinSupreme Court of North Carolina · 1887
3Cited by5 opinions
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Locklear v. Bullard.Supreme Court of North Carolina · 1903
- Taylor v. ScottSupreme Court of North Carolina · 1961
- Stallings v. . KeeterSupreme Court of North Carolina · 1937
- Watson v. ChiltonCourt of Appeals of North Carolina · 1972