A color of title, without seven years continued possession, will not entitle the plaintiff in ejectment to recover, even against an intruder.
DANIEL, J.
The ancestors of the lessors of the plaintiffs did not derive any title from the patentee, or from any person claiming under him. They claim by virtue of a deed made and executed to their ancestor by a certain B. Sheppard, dated in May, 1792. It is admitted by the case that neither their ancestor, in his lifetime, nor themselves since his death, have had a seven years continued possession of the premises in question; and we are therefore of opinion that the deed of 1792, accompanied with a possession short of seven years, did not ripen into such a title as authorizes the present lessors of the plaintiffs to recover in this action.
Judgment for defendant.
NOTE. — See Jones v. Ridley, ante, 280, and the note to Strudwick v. Shaw, 1 N.C. 34, and to the same case in 2 N.C. 5.
Cited: Duncan v. Duncan, 25 N.C. 318; Taylor v. Gooch, 48 N.C. 468; Gudger v. Hensley, 82 N.C. 483.
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