{
  "id": 8626960,
  "name": "E. E. BOYCE v. JOHN F. WHITE and FERMOR WARD",
  "name_abbreviation": "Boyce v. White",
  "decision_date": "1947-09-17",
  "docket_number": "",
  "first_page": "640",
  "last_page": "642",
  "citations": [
    {
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      "cite": "227 N.C. 640"
    }
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
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    {
      "cite": "131 N. C., 491",
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      "cite": "164 N. C., 262",
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    {
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    {
      "cite": "139 N. C., 23",
      "category": "reporters:state",
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  "analysis": {
    "cardinality": 331,
    "char_count": 5297,
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  "last_updated": "2023-07-14T16:20:04.384970+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. E. BOYCE v. JOHN F. WHITE and FERMOR WARD."
    ],
    "opinions": [
      {
        "text": "Devin, J.\nBoth parties claim title from tbe same source. J. M. Forehand OAvned two adjoining tracts of land, tbe dividing line between them extending generally northwest and southeast. In 1920 be conveyed tbe tract lying northeast of tbe dividing line to bis son J. Lester Forehand, and on same date conveyed tbe land lying southwest of tbe line to bis daughter Corinne Forehand Bell. In 1943 J. Lester Forehand conveyed bis land so acquired to tbe defendants, and in same year Corinne Forehand Bell conveyed her tract of land to tbe plaintiff. A controversy arose betAveen tbe plaintiff and defendants as to tbe location of tbe dividing line betAveen these tracts of land. Tbe trial was by referee.\nIt was found by the referee that the dividing line described in the deeds from J. M. Forehand, as well as in the deeds from his predecessors in title, was that designated on the court map by the numerals 2 to 15, which is the line claimed by the plaintiff. However, the referee found that the title to two parcels of land, aggregating 7.62 acres, lying on the southwest side of this dividing line, had been acquired by the defendants and their predecessors in title by adverse possession for more than twenty years, and concluded that in consequence the true dividing line should be located in accordance with the defendants\u2019 contentions so as to include the area referred to, and to require the establishment of the line designated on the map by the letters ABD. Plaintiff\u2019s exception to this finding and conclusion was overruled by the trial judge, and in this we think there was error.\nAll the deeds appearing in the record, as found by the referee, show the southwest boundary of the defendants\u2019 land (the J. Lester Forehand tract) to be that indicated on the map by the numerals 2 to 15. Neither defendants\u2019 deed, dated 1943, nor those of their predecessors in title cover the disputed parcels of land, or any land southwest of the line 2 to 15. Defendants\u2019 actual possession could not have been of longer duration than three years, nor could they extend the time of their adverse possession for the statutory period by adding to it that of J. Lester Forehand, for there was no privity between them as to land not embraced in J. Lester Forehand\u2019s deed to the defendants. The first deed offered, being deed from Brinkley to Baker, dated 1873, under which defendants claim, describes the line as now contended by the plaintiff in this action, and the referee so found. The same description in legal effect was brought forward in deeds from Baker to Deans (1880), Deans to J. M. Forehand (1891), J. M. Forehand to J. Lester Forehand, 1920, and from J. Lester Forehand to the defendants in 1943.\nThe general rule is stated in 1 Am. Jur., 880-882, as follows : \u201cSeveral successive possessions cannot be tacked for the purpose of showing a continuous adverse possession where there is no privity of estate or connection of title between the several occupants . . . Privity, therefore, is essential. ... A deed does not of itself create privity between the grantor and the grantee as to land not described in the deed but occupied by the grantor in connection therewith, although the grantee enters into possession of the land not described and uses it in connection with that conveyed.\u201d\nIn the language of Justice Connor in Jennings v. White, 139 N. C., 23, 51 S. E., 799: \u201cIt cannot be that several disseizins having no privity can be tacked so as to vest title.\u201d The principle seems to have been well settled that in order to sustain titles claimed by the adverse possession of several occupants there must be shown connected possession and a privity of grant or descent. Barrett v. Brewer, 153 N. C., 547, 69 S. E., 614; May v. Mfg. Co., 164 N. C., 262, 80 S. E., 380; Johnston v. Case, 131 N. C., 491, 42 S. E., 957.\nIt is apparent that the finding and conclusion of the referee as to the location of the dividing line, based upon adverse possession of the area in dispute by the defendants and those under whom they claim for twenty years, is not supported by the evidence, and that the court below was in error in overruling plaintiff\u2019s exceptions on this point, and in confirming the report of the referee. The cause is remanded to the Superior Court for further proceedings not inconsistent herewith.\nError and remanded.",
        "type": "majority",
        "author": "Devin, J."
      }
    ],
    "attorneys": [
      "W. A. Worth for plaintiff, appellant.",
      "Marvin Wilson and J. A. Pritchett for defendants, appellees."
    ],
    "corrections": "",
    "head_matter": "E. E. BOYCE v. JOHN F. WHITE and FERMOR WARD.\n(Filed 17 September, 1947.)\nAdverse Possession \u00a7 7\u2014\nA grantee claiming by adverse possession a strip of land lying outside of tbe boundaries called for in tbe deed may not tack bis grantor\u2019s possession of sueb strip, tbe deed alone being insufficient to create privity between the grantor- and tbe grantee as to sueb strip.\nAppeal by plaintiff from Prizzelle, J., at November Term, 1946, of ChowaN.\nError and remanded.\nTbis was an action to determine tbe location of tbe boundary line between tbe adjoining lands of plaintiff and defendants.\nBy consent tbe case was beard by a referee, who reported findings of fact and conclusions of law locating tbe line substantially as contended by tbe defendants. Plaintiff\u2019s exceptions thereto were overruled and tbe referee\u2019s report confirmed by tbe trial judge. Plaintiff appealed.\nW. A. Worth for plaintiff, appellant.\nMarvin Wilson and J. A. Pritchett for defendants, appellees."
  },
  "file_name": "0640-01",
  "first_page_order": 688,
  "last_page_order": 690
}