§ 98-8. Color of title under destroyed instrument. - North Carolina Statutes

§98‑8.  Color of title under destroyed instrument.

Every person who has been inthe continual, peaceable and quiet possession of land, tenements, orhereditaments, situated in the county, claiming, using and occupying them ashis own, for the space of seven years, under known boundaries, the titlethereto being out of the State, is deemed to have been lawfully possessed,under color of title, of such estate therein as has been claimed by him duringhis possession, although he may exhibit no conveyance therefor: Provided, thatsuch possession commenced before the destruction of the registry office, orother destruction as aforesaid, and also that any such person, or any personclaiming by, through or under him, makes affidavit and produces such proof asis satisfactory to the court that the possession was rightfully taken; and iftaken under a written conveyance, that the registry thereof was destroyed byfire or other means, or was destroyed before registry as aforesaid, and thatneither the original nor any copy thereof is in existence: Provided further,that such presumption shall not arise against infants, persons of nonsanememory, and persons residing out of the State, who were such at the time ofpossession taken, and were not therefore barred, nor were so barred at the timeof the burning of the office or other destruction. (1865‑6, c. 41, s. 6;Code, s. 61; Rev., s. 333; C.S., s. 372.)