Cothran v. Akers Motor Lines, Inc., 253
Decision Date | 17 October 1962 |
Docket Number | No. 253,253 |
Citation | 127 S.E.2d 578,257 N.C. 782 |
Parties | Frank H. COTHRAN, Jr. v. AKERS MOTOR LINES, INC. |
Court | North Carolina Supreme Court |
Richard M. Welling, Charlotte, for plaintiff appellant.
L. B. Hollowell and Helms, Mulliss, McMillan & Johnston, by Fred B. Helms, Charlotte, for defendant appellee.
That was the argument General Davie made in 1791 in the case of Strudwick v. Shaw, 2 N.C. 5. The court accepted Davie's statement of the law and nonsuited plaintiff.
Higgins, J., said in Hayes v. Ricard, 244 N.C. 313, 93 S.E.2d 540, decided in 1956: 'In this, as in all ejectment cases, the plaintiffs must recover on the strenght of their own title.'
In the period intervening between the decisions in Strudwick v. Shaw and Hayes v. Ricard there has never been a departure from the rule that plaintiff, when his title is denied, must suffer a nonsuit if he fails to show prima facie his good title.
Avery, J., outlined in Mobley v. Griffin, 104 N.C. 112, 10 S.E. 142, the various ways by which a party might prove title. That case was decided in 1889. Because of its clarity and simplicity, it has been cited more than 100 times. See Shepard's Citations. What was then said accurately summarizes the law today, Tripp v. Keais, 255 N.C. 404, 121 S.E.2d 596; Taylor v. Scott, 255 N.C. 484, 122 S.E.2d 57; except it is not now necessary to prove the sovereign has parted with its title when not a party to the action. G.S. § 1-36.
Plaintiff made no effort to show title by estoppel or that he and defendant claimed from a common source. He introduced a deed to himself dated in May 1951. The description in that deed is identical with the description in the complaint. It begins in the center of the Thrift Belt Road and proceeds by specific course and distance to embrace the area described in the complaint.
The deed is color of title; but color of title is not sufficient to make a prima facie case of title. The color must be strengthened by possession, which must be open, notorious, and adverse for a period of seven years. G.S. § 1-38.
It was said in Grant v. Winborne, 3 N.C. 56, decided in 1798: The rule requiring physical possession so notorious as to put the true owner on notice of the adverse claim in order to mature claimant's title is as well settled as the rule requiring plaintiff to establish his title. Andrews v. Mulford, 2 N.C. 311; Simpson v. Blount, 14 N.C. 34; Williams v. Buchanan, 23 N.C. 535; Gilchrist v. McLaughlin, 29 N.C. 310; Loftin v. Cobb, 46 N.C. 406; Gudger v. Hensley, 82 N.C. 481; Bland v. Beasley, 145 N.C. 168, 58 S.E. 993; Locklear v. Savage, 159 N.C. 236, 74 S.E. 347; Holmes v. Carr, 172 N.C. 213, 90 S.E. 152; Nichols v. York, 219 N.C....
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...which can be claimed by adverse possession." The character of the possession must still be proven. See, Cothran v. Akers Motor Lines, Inc., 257 N.C. 782, 127 S.E.2d 578, 580 (1962); see also, Calhoun v. Smith, 387 So.2d 821, 823 (Ala.1980) (Elements of proof for ten and twenty year statutes......
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...v. Griffin, 104 N.C. 112, 10 S.E. 142, for a valid deed--a muniment of title--may also serve as color of title. Cothran v. Akers Motor Lines, 257 N.C. 782, 127 S.E.2d 578; Lofton v. Barber, 226 N.C. 481, 39 S.E.2d 263. See Marr v. Shrader, 142 Colo, 106, 349 P.2d 706 (1960). The deed from W......
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...in North Carolina Sec. 290 (Rev. ed. 1981); see also Bowers v. Mitchell, 258 N.C. 80, 128 S.E.2d 6 (1962), Cothran v. Akers Motor Lines, Inc., 257 N.C. 782, 127 S.E.2d 578 (1962). That the true owner is actually unaware of the adverse claim or has not visited the property for many years doe......
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