Kluge v. . Lachenour
Supreme Court of North Carolina
Appeal from the Superior Court oí Law of Forsythe County, at the Spring Term 1851, his Honor Judge Bailey presiding* This was an action of ejectment. The premises consisted of a house and garden in the Town of Salem.
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Appeal from the Superior Court oí Law of Forsythe County, at the Spring Term 1851, his Honor Judge Bailey presiding* This was an action of ejectment. The premises consisted of a house and garden in the Town of Salem. The demise was laid on the 1st of January 1850; and upon the trial, the case was this: Benigna Boner leased the premises from one Tan Vleck for one year, commencing on the 30th of April 1837; and she continued to hold as tenant from year to year under him until 1844, and thereafter, she held in like manner under the lessor of the plaintiff, who claimed Tan Tle.ck’s .estate. > She…
1Opinion of the CourtRuffin, C. J.
Whether the defendant lived in the house by an assignment or underletting from the lessee, or by her license merely and at her will, he was equally precluded from questioning the lessor’s title; for he came in under-him, and cannot withhold the possession, when the term has expired or been legally surrendered.
It was competent to the defendant to shew, that the supposed surrender was ineffectual, as the original tenant, before the alleged surrender, had underlet a part of the preña-ses, or assigned the whole of them to him. But as that could only be by contract with her and was peculiarly…
2Cited by2 opinions
- Watters v. HertzSupreme Court of Georgia · 1911
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909