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NC General Statutes

N.C. Gen. Stat. § 1-36 (2026)

Title presumed out of State

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In all actions involving the title to real property title is conclusively deemed to be out of the State unless it is a party to the action, but this section does not apply to the trials of protested entries laid for the purpose of obtaining grants, nor to actions instituted prior to May 1, 1917. (1917, c. 195; C.S., s. 426.)

 

Notes of Decisions
Cited in 16 cases, 1944–1974 · leading case: State v. Johnson, 179 S.E.2d 371 (N.C. 1971).
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State v. Johnson, 179 S.E.2d 371 (N.C. 1971). · cites it 3× “, in 1943, said line being at the point where New Inlet was located in 1933 prior to closing.”
Locklear v. Oxendine, 65 S.E.2d 673 (N.C. 1951). “Moreover, in all actions involving title to real property, title is conclusively presumed to be out of the State unless it be a party to the action, G.S. 1-36, but “there is no presumption in favor of one party or the other, nor is a litigant seeking to recover land otherwise…”
Vance v. Guy, 31 S.E.2d 766 (N.C. 1944). “(2d), 360 , nevertheless it may be appropriate to say that in actions involving title to real property, where the State is not a party, other than in trials of protested entries laid for the purpose of obtaining grants, the title is conclusively presumed to be out of the State,…”
Williams v. Robertson, 70 S.E.2d 692 (N.C. 1952). “Moreover, in all actions involving title to real property, title is conclusively presumed to be out of the State unless it be a party to the action, G.S. 1-36, but “there is no presumption in favor of one party or the other, nor is a litigant seeking to recover land otherwise…”
Ramsey v. Ramsey, 29 S.E.2d 340 (N.C. 1944). “There is no evidence that they bad that continuous, open, notorious, adverse possession under color of title for seven years, and they likewise do not introduce a grant from tbe State to any person, which is absolutely necessary in a case where they claim title by seven years…”
Scott v. Lewis, 98 S.E.2d 294 (N.C. 1957). “Moreover, in all actions involving title to real property, title is conclusively presumed to be out of the State unless it be a party to the action, G.S. 1-36, but “there is no presumption in favor of one party or the other, nor is a litigant seeking to recover land otherwise…”
Cothran v. Akers Motor Lines, Inc., 127 S.E.2d 578 (N.C. 1962). “The description in that deed is identical with the description in the complaint.”
Sessoms v. McDonald, 75 S.E.2d 904 (N.C. 1953). “G.S. 1-36. One issue was submitted to tbe jury: “Are tbe plaintiffs tbe owners and entitled to possession of tbe property described in tbe complaint?”, to which they responded Yes.”
Campbell v. Mayberry, 183 S.E.2d 867 (N.C. Ct. App. 1971). ““ [I] n all actions involving title to real property, title is conclusively presumed to be out of the State unless it be a party to the action, G.S. 1-36, but ‘there is no presumption in favor of one party or the other, nor is a litigant seeking to recover land otherwise…”
Norman v. Williams, 86 S.E.2d 593 (N.C. 1955). “Moreover, in all actions involving title to real property, title is conclusively presumed to be out of the State unless it be a party to the action, G.S. 1-36, but “there is no presumption in favor of one party or the other, nor is a litigant seeking to recover land otherwise…”
Smith v. Benson, 40 S.E.2d 451 (N.C. 1946). “Moreover, in all actions involving title to real property title is conclusively presumed to be out of tbe State unless it be a party to tbe action, G. S., 1-36, but “there is no presumption in favor of one party or tbe other, nor is a litigant seeking to recover land otherwise…”
McDonald v. McCrummen, 70 S.E.2d 703 (N.C. 1952). “” And in this connection, it is appropriate to note that in all actions involving title to real property, title is conclusively presumed to be out of the State unless it (the State) be a party to the action, G.S. 1-36, but “there is no presumption in favor of one party or the…”
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