Barrett v. . Brewer
Supreme Court of North Carolina
Appeal from Biggs, J., at the April Term, 1910, of MONTGOMERY. Civil action to recover possession of a tract of land. At tbe conclusion of tbe evidence, bis Honor being of opinion tbat tbe plaintiffs bad failed to make out title, sustained a motion to non-suit and dismissed tbe action. Tbe plaintiffs excepted and appealed. Tbis controversy was before tbis Court at another term and is reported in 143 N. C., 88, and is there referred to for tbe general statement of facts.
1Opinion of the CourtBrown, J.
Plaintiffs introduced a grant to defendants from tbe State dated 15 October, 1891, covering tbe land in controversy, thereby proving tbat tbe legal title was in defendants at tbat time. Plaintiffs attempted to show tbat they have acquired title since then by adverse possession, under color of title for seven years. For tbis purpose they introduce a deed from G-. R. Bryant to Josephine Barrett dated 5 February, 1870, and recorded 13 May, 1896, covering tbe same land.
Tbis deed was good color as to the grantee herself bad she entered upon and taken possession of the land under it. Tbe evidence…
2Cases cited6 opinions
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Atwell v. Shook.Supreme Court of North Carolina · 1903
- Bond v. BeverlySupreme Court of North Carolina · 1910
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