Hawkins v. . Cedar Works

Citations

• 30 S.E. 13
• 122 N.C. 87
• 1898 N.C. LEXIS 197

Syllabus

<p>Action to Recover Land — Adverse Possession — Color of Title — Appeal—Exception—Agreement of Parties— Judgment— Costs.</p> <p>1. To ripen a title by adverse possession for seven years, it is not neces-essary that the entry shall have been made under color of title nor, when color of title is obtained subsequent to the entry, that any declaration shall be made or any act of publicity shown to indicate that the holding thereafter is under color of title, the presumption oí law being that a party in possession holds under such title as he has and from the time it was acquired.</p> <p>2. An exception to findings of fact by a referee cannot betaken for the first time in this Court.</p> <p>3. Where the parties to a cause pending in court have made agreements in relation to the proceedure therein, they cannot object to action which could not have been taken but for their assent, and which was based upon it; hence,</p> <p>4. Where the parties to an action agreed that the trial Judge might hear and determine the case outside of the county where it was pending, and there was no limitation as to the time and place, and the Judge within a reasonable time announced his decision, and no notice of withdrawal of consent was given; Held that neitherparty had the right to object to the signing of the judgment, such signing being a mere formality after the announcement of the decision.</p> <p>5. Where, on appeal, the judgment below is partly affirmed and partly reversed, as a matter of discretion the Court can order the costs equally divided between the parties. The Code, Section 527.</p>