Den on the Demise of Jones v. Willis
Supreme Court of North Carolina
Action of ejectment, tried before Heath, J., at Spring Term, 1861, of Washington Superior Court. The only question in this cause, was on the necessity of notice to quit. The premises sought to be recovered, was a room in a ware-house in the town of Plymouth.
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Action of ejectment, tried before Heath, J., at Spring Term, 1861, of Washington Superior Court. The only question in this cause, was on the necessity of notice to quit. The premises sought to be recovered, was a room in a ware-house in the town of Plymouth. The plaintiff proved that he let the premises to the defendant on 18th of December, 1856, at ten dollars for the first month and five dollars for every succeeding month that he should hold them; that the defendant then took possession, and has ever since occupied the room, the lessor of the plaintiff having possession of the other part of…
1Opinion of the CourtPearson, C. J.
This Court does not concur jp opinion with his Honor on the point upon which he saw proper to have the case put in tjie Court below.
The lease was, in express terras, one from “ month to month.” To* a plain mind, the process of reasoning by which such a lease could be converted into a tenancy from year to year, and thereby make six months notice necessary, before either party could determine the relation of landlord and tenánt, would not readily occur.
Mr. Winston took the position that the courts favor tenancies from year to year, and that in this case, such a holding would be inferred, from…
2Cited by1 opinion
- Simmons v. . JarmanSupreme Court of North Carolina · 1898