Opinion · Nclaw North Carolina
SEEKRIGHT v. BOGAN, 2 N.C. 176 (1795)
SEEKRIGHT, ON THE DEMISE OF WRIGHT & WIFE, v. PATRICK BOGAN., 2 N.C. 176 (Superior Court of North CarolinaFAYETTEVILLE — 1795)
- Type
- Opinion
- Court
- Nclaw North Carolina
- Jurisdiction
- Nclaw
- Date
- 1795-01-01
- Topic
- general
SEEKRIGHT v. BOGAN, 2 N.C. 176 (1795) SEEKRIGHT, ON THE DEMISE OF WRIGHT AND WIFE, v. PATRICK BOGAN.Superior Court of North CarolinaFAYETTEVILLE — April Term, 1795 It is the first patent or grant, and not the first entry in the land office, that gives the best title. In the case of lapped patents where both are in possession of their respective tracts, but neither actually settled on the lapped part, the oldest grantee will be considered as having the legal possession of that part. Plaintiff may prove the loss of his deed by his own oath, but not that the plat offered in support of his title was part of the deed lost.
Citator
UpLaw has not yet analyzed SEEKRIGHT v. BOGAN, 2 N.C. 176 (1795). The absence of a flag is not a finding that it is good law.
The defendant claimed title under one McNatt, who conveyed to him. McNatt's patent bore date 18 April, 1771, and his conveyance to Bogan was proven.
The land granted to Thomas, and by him to Baker, was a large tract of 500 acres. The tract granted to McNatt, and by him to Bogan, was a tract of 200 acres, and it intersected the tract of 500 acres, so as to include the 54 acres which were the subject of this dispute. Bogan took possession of his tract of 200 acres, as one witness proved, in 1775, as another said, in 1773, and continued that possession down to the present day. Baker was proven to be in possession of his tract of 500 acres in 1778, soon after the Briar Creek defeat; and his possession has also been continued to the present time, except as to these 54 acres, which were cleared by Lanier, the first husband of thefeme, and cultivated for two years; he then died, and thefemeintermarrying with Wright, he cultivated it one year, in the fall of which year Bogan entered and took possession, whereupon this action was instituted. McNatt's entry in the land office was made in 1766, that of Thomas at a subsequent period.Page 127
This being the evidence, Mr. Moore, for the plaintiffs, was about to speak to the jury; but MACAY, J., called to Mr. Williams to begin. He insisted that their entry was prior; that McNatt had first purchased, and was in justice entitled to it. Secondly, that Bogan had possession ever since 1773, and that more than seven years having elapsed, during all which time Bogan was in possession, that the plaintiff had thereby lost her right of possession.
Verdict and judgment for the plaintiffs accordingly.Cited: Tyrrell v. Mooney,5 N.C. 402.Page 128