Opinion
June Term, 1806.
Part of the lands to which the defendant set up claim were included within his fence and he was in the actual adverse possession thereof at the time of the conveyance to the lessors of the plaintiff. The plaintiff is not entitled to judgment for the lands lying within defendant's fence.
WATSON and wife conveyed to the lessors of the plaintiff (138) a tract of land lying in Onslow County, on a part of which the defendant had erected a house, cleared and inclosed a plantation, and was in the actual adverse possession thereof at the time of said conveyance. The defendant set up a claim and defended for more of the land than was then inclosed. The jury found a verdict for the plaintiff, subject to the opinion of the court on the question "whether the plaintiff was entitled to recover such parts of the premises as were under fence and in actual adverse possession of the defendant at the time Watson and his wife conveyed to the lessors of the plaintiff."
From Wilmington.
This question has been often decided. The plaintiff is not entitled to judgment for the land lying within defendant's fence.