Ware v. . Knight , 199 N.C. 251 ( 1930 )

BkogkeN, J.

Tbe plaintiff undertook to prove title by showing possession under known and. visible lines and boundaries for twenty-one years before tbe action was brought. Such method of proving title in ejectment suits has been approved and established. Mobley v. Griffin, 104 N. C., 112, 10 S. E., 142; Moore v. Miller, 179 N. C., 396, 102 S. E., 627.

Tbe defendant contended that tbe plaintiff bad never been in actual possession of tbe small area of land in dispute; but, tbe plaintiff having gone into possession under a proper deed of conveyance older than that held by tbe defendant, relied upon tbe principle of constructive possession. Tbe pertinent principle of law was thus stated in Hayes v. Lumber Co., 180 N. C., 252, 104 S. E., 527: “That when one entered and occupied a tract of land, asserting ownership under deeds having-known and visible lines and boundaries, tbe law would ordinarily extend tbe force and effect of bis possession to tbe outer boundaries of bis claim as set forth in bis deeds, and on tbe facts in evidence, if accepted by tbe jury, tbe determination of tbe rights of tbe parties would depend largely on whether tbe boundaries of plaintiff’s deeds by correct location covered tbe land in dispute. This ruling of tbe court is in accord with our decisions on tbe subject, and under it tbe jury, accepting plaintiff’s version of the controversy, have rendered a verdict in her favor, and we find no valid reason for disturbing tbe results of tbe trial.” Ray v. Anders, 164 N. C., 311, 80 S. E., 403.

Tbe plaintiff contended that tbe line in dispute called for a Spanish oak, and tbe defendant contended that tbe proper call was a pine. A court survey bad been ordered and a map was made in pursuance of such order, which was used by both parties at tbe trial. Tbe contentions of tbe parties as to tbe disputed call were submitted to tbe jury.

Certain exceptions were taken to tbe charge of tbe court referring to what was designated as tbe court map. However, tbe record discloses that tbe map was used by both parties and tbe contentions were thoroughly arrayed in detail, and a jury of intelligent men could not have failed to understand that tbe location of tbe disputed corner depended upon whether such corner was a Spanish oak as contended by tbe plaintiff, or a pine as contended by tbe defendant.

There was ample evidence of adverse possession of the locus in quo by both parties. Hence, in the main, the cause was resolved into an issue of fact. This issue of fact was found in favor of the plaintiff, and we perceive in the record no error of law warranting another trial.

No error.