Eddleman v. Carpenter

• Decision Date: 31 August 1860
• Citation: 52 N.C. 616,7 Jones 616
• Court: North Carolina Supreme Court
• Parties: DAVID F. EDDLEMAN v. ANDREW CARPENTER.

7 Jones (NC) 616

52 N.C. 616

DAVID F. EDDLEMAN

v.ANDREW CARPENTER.

Supreme Court of North Carolina.

August Term, 1860.

Where A conveyed to B a parcel of land, to which he had no title, but afterwards obtained a deed in fee for the same, and took actual possession of it which he held adversely to all the world for seven years, it was Held that the right which B had by estoppel to enter, was tolled by this long possession of it under color of title.

THIS was an action of TRESPASS, Q. C. F., tried before MANLY, J., at the Fall Term, 1858, of Gaston Superior Court.

Peter Eddleman was the owner of a parcel of land on the west side of Leeper's creek, (see diagram) which he, in 1832, conveyed to Jacob Forney, and he, in 1835, to the defendant, Carpenter. These conveyances described the boundaries of the land as beginning at a point on the creek, marked A, then running around and back to the creek at Y, “thence to the beginning.” At the time of these conveyances, in 1832, and 1835, Peter Eddleman was not the owner of any portion of the land on the east side of Leeper's creek, but in 1838, he acquired from one Abernathy a title to the whole of that represented by the figure A, K, L, I, G.

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE TABLE

It was proved that after the titles to Forney and Carpenter, in 1832 and 1835, they respectively claimed and used the land only on the west side of the creek, and that Peter Eddleman and the plaintiff, who claimed under him, as heir-at-law, had claimed and used the land on the east side of Leeper's creek, from the date of the deed in 1838, until 1856, when Carpenter entered and cut a ditch from A to L, for which this suit is brought. It was proved further, on the part of the plaintiff, that Peter Eddleman had actually cleared the area, A, K, L, and he and the plaintiff, claiming under him, had cultivated it, and held it adversely to all others, for more than seven years, consecutively, before the entry of Carpenter in 1856. The defendant contended that the conveyances of 1832 and 1835, embrace all the lands on the west side of a straight line from A to Y, and although, at the time, no title passed to any land on the east side of the creek, because the vendor had no title to convey, yet, upon the acquisition of title, in 1838, it inured to the defendant's benefit as to all that part between the creek and the straight line A, Y, and that Peter Eddleman, could not afterwards, by adverse possession, under said deed of 1838, obtain a title to the disputed portion.

The Court concurred with the defendant in his view of the construction of the conveyances of 1832 and 1835; and, furthermore, was of opinion with him, that the title to the disputed land was in the defendant by estoppel, against Peter Eddleman and his heirs, after he acquired title in 1838.

But, his Honor was further of opinion, that if Peter Eddleman had occupied the disputed part for more than seven years, continuously, cultivating the same under a claim of right to...