Den on Demise of Reed v. Earnhart
Supreme Court of North Carolina
This was an appeal from the Superior Court of Law of Rowan County, at the Fall term 1847, his Honor Judge Pearson presiding, transferred from the Supreme Court at Morganton to this Court, by order of the Court. A grant to the lessor of the plaintiffiskued in June 1845. The defendant relied upon color of title, land seven years possession, and the presumption from lon¿ possession, that the title was out of the state.
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This was an appeal from the Superior Court of Law of Rowan County, at the Fall term 1847, his Honor Judge Pearson presiding, transferred from the Supreme Court at Morganton to this Court, by order of the Court. A grant to the lessor of the plaintiffiskued in June 1845. The defendant relied upon color of title, land seven years possession, and the presumption from lon¿ possession, that the title was out of the state. He reacl in evidence a deed from David Woodson to George Miller, dated in May 1802 and registered in 1809, a deed from Miller to one Wallace in 1811, a deed from Wallace to Peter…
1Opinion of the Court
The single question is, Was it the duty (518) of the jury to presume title out of the State from the fact that actual possession had been held of the land from 1822 until 1845, under a connected chain of registered deeds, with the exception of five years (from 1822 to 1827), during which it was unoccupied?
The presumption of a grant from long possession is not based upon the idea that one actually issued, but because public policy and "the quieting of titles" makes it necessary to act upon that presumption. It is the duty of the court to instruct the jury, when land has been for a long time…
2Cases cited2 opinions
- Holdfast on Demise of Shaw v. ShepardSupreme Court of North Carolina · 1846
- Candler v. . LunsfordSupreme Court of North Carolina · 1838