Page:Federal Reporter, 1st Series, Volume 10.djvu/548

 536 FEDERAL REPORTER. �have announced as to this issue, if you find this issue against fche plaintiffs, then you will proceed to consider the third issue. �If the evidence on this third issue satisfies you that the plaintiffs, or those under whom they claim, had actual and continuous posses- sion of the lands under known and visible lines and boundaries, and under color of said sheriff's deed, for the period of 21 years, then you will find this issue for the plaintiffs, and such fiuding will establish their title. �If you find any of the three foregoing issues in favor of the plain- tiffs, you will then proeeed to consider the evidence in the fourth issue, which relates to the title of the defendants. �The defendant Edward Thompson is a mere tenant in possession, claiming for the defendant Jones, who holds the legal title as trustee for the defendants A. B. Magruder and wife. These last-named defendants are the real parties in interest. A. B. Magruder, with the consent of said trustee, mado the purchase of said lands from L. G. Thompson, in the fall of 1863, with money arising from the sep- arate estate of his wife, and he alleges that he bas had control of the property since the date of the purchase. I will hereafter speak of Magruder as the real defendant. Under the deed from L. C. Thomp- son he went into possession in the fall of 1863, and remained in actual possession until the fall of 1865. I charge you this said deed was color of title. What is "oolor of title," is a question of law to be determined by the court. �There was in former tames some difficulty in giving an exact signi- fication to the phrase, but I believe that the courts now agree to the definition that "'color of title' is that which in appearance is title, but which in reality is no title." Color of title, even under a void and worthless deed, bas always been received as evidence that the person in possession claims adversely to all the world, and mere notice of a better title in some other person will not prevent the operation of an adverse possession under sucb color of title. I have already stated that the title conveyed by the confederate receiver to L. C. Thomp- son, and conveyed by Mm to the trustee of the defendant Magruder, was invalidated by the downfall of the confederate government. I am of opinion that the deed from Thompson to the trustee of the defendant Magruder is color of title. -The sole question of fact for you to determine on this issue is, bas Magruder acquired a complete title by an adverse possession of said lands, under known and visible lines and boundaries, for the period of seven years ? The statute of limitations was suspended in this state from the twentieth of May, ��� �