Page:Federal Reporter, 1st Series, Volume 10.djvu/543

 M'iNTTBK V. THOMPSON. 531 �said books, papers, or vouchers may be kept in eustody, in order that any copies, abstraots, or extracts taken under this order may be com- pared, verified, and proved, so as to be offered in evidence �It is further ordered that, in order to entitle liimself to have such books, papers, and vouchers produecd before such examining officer, the plaintiff shall designate the books, papers, or vouchers required, and give reasonable notice of the time and place when and where the same shall be produced. �Ses Geyger v, Oeyger, 2 Dali. 332; Thompson v. Selden, 20 How. 194; Maye V. Carberry, 2 Cranch, G. G. 336; Bank of U. S. v. Kurtz, Id. 342; Hilton v. Brown, 1 Wash. G. C. 298 ; Bas y. Steele, 3 Id. 381 ; Dunham v. Kiley, 4 Id. 126 ; Vasse V. Mifflin, Id. 519 ; Jaques v. Collim, 2 Blatchf. 23 ; lasigi v. Brovm, 4 Gurt. 401. ���McIntyrb and others v. Thompson and others. {Circuit Court, W. D. North Garollna. December Term, 1881.) �1. Real Bbtate— Title bt PBESCRrPTiou. �A sherifl's deed is color of title, and continuons possession Iherounder of the lands therein described for seven years, under known aud visible boundaries, establislies title for the purpoaes of an action to recover land lying in the state of North Carolina, against everybody but the state ; and title may be shovrn ont of the state, if individuals have had possession and used such lands astheir private property for 30 yeavs, under known and visible Unes and boundaries. As against the state, it is not necessary to show that such adverse possession ■was continuous, or that there was connection and privity between the holders. �2. CoLOH OP Title. �Color of title is that which in appearance is title, but which in reality is no title. Even under a void and worthless deed, it is received as evidence of claim adverse to all the world, and mere notice of a better title will not pre- vent the operation of an adverse possesiion under it. It is a question of law to be determined by the court. �This is a civil action to recover land. The evidence and the legal questions presented in the argument are stated in the charge of the court. �W. H. Balley and Walker de Bwrwell, for plaintiffs. �Bynuin e Grier and Jones e Johnston, for defendants. �DioK, D. J., (charging jury.) In a long experience at the bar I have often observed that, in warmly-contested attd protracted trials, many iramaterial and irrelevant matters will find their way into the controversy. Such matters always tend to confuse and perplex. ��� �