Opinion
(May Term, 1805.)
Possession of part is possession of the whole, both parties having color of title.
DEFENDANT'S fence included about a quarter of an acre of the land in question; the rest of the field, enclosed by the fence, belonged to another tract.
The possession of this quarter of an acre is the possession of all the disputed tract of which it is a part. Such possession will prevent the running of the act of limitations against the defendant. Both parties have color of title under different grants and deeds, and the perfect title is in him who has had the requisite possession.
Plaintiff suffered a nonsuit.
Cited: Fitzrandolph v. Norman, 4 N.C. 575.