Shell v. West.
Supreme Court of North Carolina
Action by O. P. Shell, executor of Ií. 0. Avera, against W. 0. West, beard by Judge W. 8. O’B. Robinson and a jury, at November Term, 1900, of tbe Superior Court of Harnett County. From a judgment for tbe defendant, tbe plaintiff appealed.
1Opinion of the CourtClark, J.
Tbe plaintiff, executor of H. C. Avera, began this proceeding before a Justice of tbe Peace to recover tbe rents on a tract of land rented by him to tbe defendant, and which bad belonged to the plaintiff’s testator. Tbe plaintiff recovered before tbe Justice, but upon appeal bis Honor intimated that plaintiff could not recover, in deference to which he took a nonsuit and appealed.
It appears from tbe statement of tlie case on appeal tbat the defendant rented tbe land from- tbe plaintiff; tbat tbe •estate is largely involved, and tbat tbe rents on tbe land are necessary to- be applied to save…
2Cases cited5 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Pool v. Lamb.Supreme Court of North Carolina · 1901
- Washington v. . SasserSupreme Court of North Carolina · 1849
3Cited by5 opinions
- United States v. DunnSupreme Court of the United States · 1925
- Carter v. . McGillSupreme Court of North Carolina · 1915
- Austin v. . CrispSupreme Court of North Carolina · 1923
- Coggins v. . FlytheSupreme Court of North Carolina · 1893
- Sellars Hosiery Mills v. Southern Railway Co.Supreme Court of North Carolina · 1917