Bryan v. Carleton

Superior Court of North Carolina

Bryan v. Carleton

1 N.C. 103

DecidedMarch 15, 1799

StatusPublished

This text of 1 N.C. 103 (Bryan v. Carleton) 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

Bryan v. Carleton, 1 N.C. 103 (N.C. Ct. App. 1799).

Pincite

Opinion

By

the Court.

Where a tract of land is as to part, included in A’s deed or patent ; and the same part is also included in B’s deed or patent, and each grantee is settled upon that part of the land comprised in his deed, although not included in both deeds ; the possession of the part included in both deeds, is in him whose deed or patent is the eldest.

But, if one of them is actually settled for seven years together, upon the part comprehended in both deeds ; the possession is his, and the other will be barred thereby.

[104]*104

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By

the Court.

Where a tract of land is as to part, included in A’s deed or patent ; and the same part is also included in B’s deed or patent, and each grantee is settled upon that part of the land comprised in his deed, although not included in both deeds ; the possession of the part included in both deeds, is in him whose deed or patent is the eldest.

But, if one of them is actually settled for seven years together, upon the part comprehended in both deeds ; the possession is his, and the other will be barred thereby.

[104]*104

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Bluebook (online)

1 N.C. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-carleton-ncsuperct-1799.