98-8. Color of title under destroyed instrument.
Every person who has been in the continual, peaceable and quiet possession of land, tenements, or hereditaments, situated in the county, claiming, using and occupying them as his own, for the space of seven years, under known boundaries, the title thereto 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 during his possession, although he may exhibit no conveyance therefor: Provided, that such possession commenced before the destruction of the registry office, or other destruction as aforesaid, and also that any such person, or any person claiming by, through or under him, makes affidavit and produces such proof as is satisfactory to the court that the possession was rightfully taken; and if taken under a written conveyance, that the registry thereof was destroyed by fire or other means, or was destroyed before registry as aforesaid, and that neither the original nor any copy thereof is in existence: Provided further, that such presumption shall not arise against infants, persons of nonsane memory, and persons residing out of the State, who were such at the time of possession taken, and were not therefore barred, nor were so barred at the time of the burning of the office or other destruction. (1865-6, c. 41, s. 6; Code, s. 61; Rev., s. 333; C.S., s. 372.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 98 - Burnt and Lost Records
§ 98-1 - Copy of destroyed record as evidence; may be recorded.
§ 98-2 - Originals may be again recorded.
§ 98-3 - Establishing boundaries and interest, where conveyance and copy lost.
§ 98-4 - Copy of lost will may be probated.
§ 98-5 - Copy of lost will as evidence; letters to issue.
§ 98-6 - Establishing contents of will, where original and copy destroyed.
§ 98-7 - Perpetuating destroyed judgments and proceedings.
§ 98-8 - Color of title under destroyed instrument.
§ 98-9 - Action on destroyed bond.
§ 98-10 - Destroyed witness tickets; duplicates may be filed.
§ 98-11 - Replacing lost official conveyances.
§ 98-12 - Court records as proof of destroyed instruments set out therein.
§ 98-13 - Copies contained in court records may be recorded.
§ 98-14 - Rules for petitions and motions.
§ 98-15 - Records allowed under this Chapter to have effect of original records.
§ 98-17 - Conveyances reciting court records prima facie evidence thereof.
§ 98-18 - Court records and conveyances to which Chapter extends.