Seawell v. . Bunch
Supreme Court of North Carolina
This was an action of ejectment, tried before Ellis, J., at the last Spring Term of Wake Superior Court. The Hon. Henry Seawell had possession of the land in question for more than twenty years, claiming it adversely to all other rights.
Read the full summary
This was an action of ejectment, tried before Ellis, J., at the last Spring Term of Wake Superior Court. The Hon. Henry Seawell had possession of the land in question for more than twenty years, claiming it adversely to all other rights. At the expiration of sixteen years of this possession, Polly Nutt, who had before that, intermarried with Aquilla Hubbard, became the heir at-law of one Robert Nutt, and succeeded as such to whatever right the said Robert had in the premises, but neither the said Aquilla, nor did his wife, make any entry, nor bring any suit for the land in question, before…
1Opinion of the Court
PeaRSON, O. J.
"Where the title is out of the State, seven years adverse possession, under color of title, or twenty years adverse possession without color, makes a perfect title; in the former case, by force of the statute of limitations, and in the latter, upon the presumption of a deed by the original owner; Smith v. Bryan, Busbee’s Rep. 180.
In our case, Henry Seawell, and the lessors of the plaintiff, who are his heirs, held adverse possession for more than twenty years. After such possession had continued for sixteen years, Robert Nutt, the original owner, died, leaving a sister Polly,…
2Cited by3 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Holmes v. . CarrSupreme Court of North Carolina · 1916
- Clendenin v. ClendeninSupreme Court of North Carolina · 1921