Opinion
October Term, 1791.
Right of possession lost by lapse of time.
The land in dispute was granted to A. in 1728, who sold to B. in 1730, and B. some time afterwards went to England. B. sold to C., who came to Carolina, where he remained till 1787, when he brought suit. One D. settled on the land in 1751, lived upon it thirteen years, and died in possession, leaving a son. The son assigned to some person, who assigned to the defendant, who had lately procured a grant. Under these circumstance it was held that the plaintiff's jus possessionis was lost.
NOTE. — See this case reported in 2 N.C. 5. Also see Blair v. Miller, 13 N.C. 407; Green v. Harman, 15 N.C. 158; Burton v. Carruth, 18 N.C. 2; Carson v. Burnett, ibid., 546; Pickett v. Pickett, 14 N.C. 6; Hoke v. Henderson, ibid., 12; Rogers v. Mabe, 15 N.C. 180; Dobson v. Murphy, 18 N.C. 586; Dobson v. Erwin, 20 N.C. 201; Murray v. Shanklin, ibid., 289; Ross v. Durham, ibid., 54; Tredwell v. Reddick, 23 N.C. 56; Flanniken v. Lee, ibid., 293; Williams v. Buchanan, ibid., 535.
(36)