Bloss v. .

Superior Court of North Carolina

Bloss v. .

3 N.C. 223

DecidedJuly 5, 1802

StatusPublished

This text of 3 N.C. 223 (Bloss v. .) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bloss v. ., 3 N.C. 223 (N.C. Ct. App. 1802).

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Opinion

'Johnston, Judge.

Seven year’s possession without a colour of title, will bar the plaintiff’s right to an ejectment; but if the wife be entitled, and the husband sell in fee, the purchaser is in under the wife’s title, and has not a possession adverse to her’s, till the death of her husband ; then it is adverse. But seven years have not elapsed in the present case, since the death of the husband ; therefore the plaintiff may recover.

Yerdict and judgment accordingly.

Suere. as to the seven year’s naked possession being a bar to the plaintiff; ior it is not law, as the Court of Conference has since decided.

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'Johnston, Judge.

Seven year’s possession without a colour of title, will bar the plaintiff’s right to an ejectment; but if the wife be entitled, and the husband sell in fee, the purchaser is in under the wife’s title, and has not a possession adverse to her’s, till the death of her husband ; then it is adverse. But seven years have not elapsed in the present case, since the death of the husband ; therefore the plaintiff may recover.

Yerdict and judgment accordingly.

Suere. as to the seven year’s naked possession being a bar to the plaintiff; ior it is not law, as the Court of Conference has since decided.

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Bluebook (online)

3 N.C. 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloss-v-ncsuperct-1802.