Sawyer v. . , 3 N.C. 235 ( 1803 )

If one patent laps over upon another, and the latter patentee is in the actual possession of the part covered by both for seven years, he will acquire the title; but if neither be in the actual possession it will belong to the first patentee.

NOTE. — See the cases referred to, upon the second point, in the note to Borretts v. Turner, ante, 113.