Amis v. Stephens
| Decision Date | 01 November 1892 |
| Citation | 111 N.C. 172,16 S.E. 17 |
| Parties | AMIS et al. v. STEPHENS et al. |
| Court | North Carolina Supreme Court |
Adverse Possession—Color of Title—Limitation of Actions.
1. Where an order of sale of a decedent's land in partition by the devisees purports to be of the entire interest in the land, the deed given at such sale is color of title, and the possession of the purchaser thereunder, and those claiming under him, is adverse from the date of such sale.
2. Where one of the devisees had but a life estate, with remainder to her children, and where her children, though minors when the partition was made, were under no disability at her death, such children must bring action to recover the mother's share from the purchaser at the partition sale, or those claiming under him, within seven years from the mother's death, under Code, § 141, providing that when a person is possessed of real property, under known and visible lines and boundaries, and under color of title for seven years, no action shall be sustained against such person by one having right or title to the same unless within seven years from the time such right or title descended or accrued.
Appeal from superior court, Person county; Whitaker, Judge.
Action by J.N. Amis and others against L. J. Stephens and others. Judgment for plaintiffs. Defendants appeal. Reversed.
Plaintiffs are the children of E. R. Amis. E. R. Amis died in 1882, when none of plaintiffs were under disability. In 1859, John Paylor died, leaving a will, under which he gave the land in the complaint described to E. R. Amis (forlife)and seven others (in fee) in equal interest, but the share or interest he gave to E. R. Amis was given to her for life only, and after her death it was to go to her children, the plaintiffs herein. In 1860 said land was sold by an order of court in partition, to which proceedings plaintiffs were not parties, and defendants derive their title from said sale. Since the death of the life tenant in 1882 there has been no change in the title or tenure of the defendants, except as to 70 acres, and as to these the only change was in 1885, when defend-ants bought them, —less than seven years before the beginning of this action, April, 1891. Judgment was given for plaintiffs.
Victors. Bryant, for appellants.
W. W. Kitchin, for appellees.
This case is "on all fours" with McCulloh v. Daniel, 102 N. C. 529, 9 S. E. Rep. 413, which is decisive of it. His honor's attention was doubtless not called to that decision....
To continue reading
Request your trial
-
Alexander v. Works
...of title, and 7 years' adverse possession thereafter by him under the deed will bar the cotenants who were not parties." Amis v. Stephens, 111 N. C. 172, 16 S. E. 467; McCulloh v. Daniel, 102 N. C. 529, 9 S. E. 413; Johnson v. Parker, 79 N. C. 475. "It will be found in the case first cited ......
-
Alexander v. Richmond Cedar Works
...of title, and 7 years' adverse possession thereafter by him under the deed will bar the cotenants who were not parties." Amis v. Stephens, 111 N.C. 172, 16 S.E. 467; McCulloh v. Daniel, 102 N.C. 529, 9 S.E. Johnson v. Parker, 79 N.C. 475. "It will be found in the case first cited that there......
-
Johnson v. McLamb
...ripen title and bar the cotenants who were not parties to the proceeding. McCulloh v. Daniel, 102 N.C. 529, 9 S.E. 413; Amis v. Stephens, 111 N.C. 172, 16 S.E. 17; Roper Lumber Co. v. Richmond Cedar Works, supra, 165 N.C. 83, 80 S.E. 982; Alexander v. Richmond Cedar Works, 177 N.C. 137, 98 ......
-
Perry v. Bassenger
... ... ... Finally, it is to be observed that the deed of Ward, ... commissioner, being similar to a deed from a stranger, ... Amis v. Stephens, 111 N.C. 172, 16 S.E. 17, or one ... not connected with the cotenancy, McCulloh v ... Daniel, 102 N.C. 529, 9 S.E. 413, was ... ...