Burton v. Carruth

• Decision Date: 31 December 1834
• Citation: Burton v. Carruth, 18 N.C. 2 (N.C. 1834)
• Parties: DEN ex dem. of ROBERT H. BURTON et al. v. JOHN CARRUTH.
• Court: North Carolina Supreme Court

18 N.C. 2

DEN ex dem. of ROBERT H. BURTON et al.

v.JOHN CARRUTH.

SUPREME COURT OF NORTH CAROLINA

DECEMBER TERM, 1834.

The cutting grass in a meadow for seven years successively, stacking it on the land and fencing the stack will, with color of title, bar the entry of one claiming adversely.

EJECTMENT, tried before his Honor, Judge Martin, at Lincoln, on the last circuit. On the trial it appeared that the land in dispute was patented in the year 1768 by Gillespie. Sloan conveyed the same land to Robert Wear, in the year 1798, and Wear to the lessors of the plaintiff, in the year 1826. To show that Gillespie, or his heirs, had lost their right of entry, and that the title to the land was completely vested in Wear, by the Act of 1715 (Rev., ch. 2), the lessors of the plaintiff proved that the grass of a meadow on the premises was mowed each successive year, for seven years, by Wear, or by persons authorized by him, and stacked on the ground, with a fence around the stacks. The question was, whether this was such a possession as, with his colorable title, gave Wear a good and valid title. The Judge instructed the jury that it was. A verdict was rendered for the plaintiff, and the defendant appealed.

DANIEL, J., after stating the case as above, proceeded: We are of opinion that the instruction given by the Judge was correct. The seven years continued perception of the profits of the land, by Wear under his deed, by cutting the grass off the...