The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1893-02-22

sion OIL our INV, ana cures Ga9
defects in many q deed. Let us
consider the language of the
statute. In the first place, will
observe that the person must be
in the actual occupancy OF the
land; Of course the occupancy { f
a tenant or an agent would
serve equally we'll. Next, that
he must occupy the land under
q deed or paper which is "color
of title" Now, what is this
"color of title?" The Supreme
Court of the. United States says,
"The courts have concurred, it
is believed, without an sxcep-
ton, in defining color title to
be that which in appearance is
title, but which in validity is no
title" For example, a deed,
not registered, is not a valid
deed, still it constitutes color OF
title, and is sufficient for the
man in adverse possession of
land to build his title upon. So
also 3 deed not under seal is i'm
perfect as deed, but it is color
of title. SO the deed of an in
fast is color of title,' or the
deed of an insane man is color
of title Even the deed of ad
ministrator is color of title. ,
But the possession must not on
~ be under color of title, it
must also be under known and
visible lines and bounds. We
all understand what this means.
Is is not necessary that the
metes and bounds shall be &C
tually set out in the papers, fer
if the paper, relied ON as color
of title, refer to the land as such
a tract called, for example,
Mount Vernon, and If the mstes
and bounds Of such tract be
known this is sufficient. Again
the person in possession must
claim the land as his own; that
is to say, he must put the real
owner, If there be one, on guard
and by acts and conduct mus
notify him that his title is call
ed into question. Or, as thc
books have it, he must "kesI
his flag flying" His posses
sion, hence, must be open, hos
tile, and continuous. Our court;
have said that building a shed
auarrying a rock and cutting
wood to burn lime on the prem
ises, uninterrupted for seven
years, made the holding ad
verse. But to feed hogs occa'
sionally on the laai did not No
did the occasional cutting o.
timber and carrying stone. w,
will, ct once, see that, il a ten
ant is in posssssian of our land
no matter how he stays, hi
holding is not adverse. Tn
statute says that even if til,
tenant get a deed to the Ian,
from some other person, it is no
, colorado title, and will no
avail him unless he stay in pos
5 session twsnty years after hi
; rental expires.
} IIn6n IL a-tfact OF land, the on
/ being in the actual possession
and the other not, and the on
t in possession collect and ar
r propriats all the rents and man
3 age the whole land as his ow
/ and claims it as his land, sti
/ his holding is not adverse to hi
D co tenant; certainly not unit
/, twenty years have passed.
t Finally the period Of sue
: possession must be the seye
= continuous years preceding tli
: action. But if the combine
possession Of several success
siye owners make out the sew
! en- continuous years under CO.
t or it will suffice.
8 Such possession as we hav
just described will not only ba
; another Of his right to receive
the land against us, but it wi
/ also actually build up q title
: not otherwise good, in us.
lnded, such title is aVailabl
S for the plaintiff in an action
- He cannot be ia pessessi0
r when he sues, but no nigh
Z build up such title by preViou
D adverse possession. We hay
many defective titles in on
: State at the present, and il be
! h0oVss US all to look CAREFUL
= 70 our title deeds, which arc Gu
, muHiments Of title, otheruis
} the number will increase.
Il Certain rules in purchasing
land ought to be strictly ad
} Acrsd 10:
/. The title ought to be search
! ell and examined BY cOmpe
tent attorney and abstract
made t. accompany the deed.
2 The desd itself should hav
apt words Of conveyance, ant
should be in proper form.
3 II purchasing land from
married woman, DO not fail {,
pay the purchase money to he
! il person, and 70 have her priv
examination properly taken. Ii
dealing with a married woman
unless she be = "mighty" gooC
woman, be on wour guard. foi