Demise of Johnson v. Farlow
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1851, his Honor Judge Ellis presiding. This was an action of ejectment. The plaintiff and defendant both claimed under one McCracken. The plaintiff showed a deed from McCracken to himself for the premises in question.
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Appeal from the Superior Court of Law of Randolph County, at the Fall Term, 1851, his Honor Judge Ellis presiding. This was an action of ejectment. The plaintiff and defendant both claimed under one McCracken. The plaintiff showed a deed from McCracken to himself for the premises in question. The defendant relied upon a title subsequently acquired by McCracken to the premises, named in the plaintiff’s deed, by virtue of a seven years open and adverse possession, accompanied with a color of title, which colorable deed he held and claimed under, when he conveyed to the plaintiff. It was in…
1Opinion of the CourtPearson, J.
It is entirely clear, that the plaintiff was' entitled to recover. McCracken, after his deed to the lessor, had no color of title, and the adverse possession which he held was “ naked.” It is absurd to suppose, that the deed, under which he had originally acquired the land, could serve his purpose as color of title, after he had passed all of his estate, interest, and claim under it to the lessor. Color of title is something which purports to give title, but he had nothing of the kind. The deed to him was functus officio, except as one of the mesne conveyances of the lessor. If McCracken had…
2Cited by11 opinions
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Wilson v. BrownSupreme Court of North Carolina · 1904
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