Deloatch v. . Coman
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Hertford Superior Court, before Gilliam, J. The action was commenced in the court of a justice of the peace, and the affidavit of the plaintiff, treated as his complaint, is in substance as follows: The plaintiff leased to defendant a certain tract of land for cultivation during the year 1881, and the defendant agreed to pay and deliver to plaintiff nine hundred pounds of lint-cotton as rent for the same; and also, another tract for…
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Civil ActioN tried at Fall Term, 1882, of Hertford Superior Court, before Gilliam, J. The action was commenced in the court of a justice of the peace, and the affidavit of the plaintiff, treated as his complaint, is in substance as follows: The plaintiff leased to defendant a certain tract of land for cultivation during the year 1881, and the defendant agreed to pay and deliver to plaintiff nine hundred pounds of lint-cotton as rent for the same; and also, another tract for which the defendant agreed to pay one-fourth of the crop of cotton as rent. The defendant removed from the premises…
1Opinion of the CourtSmith, C. J.
If the action were solely to recover possession of the removed cotton, raised upon the rented land and subject to the statutory lien, in the use of the remedy given in the first section of the act of 1877, The Code, §1750, and not “founded on contract,” the value of the goods claimed being in excess of fifty dollars, the cognizance of the cause would not be vested in a justice of the peace. Although the lien to be enforced by possession results from the contract of lease, the cause of action consists in the unlawful removal or withholding of the crops from the lessor before the satisfaction…
2Cases cited3 opinions
- Ashe v. . GraySupreme Court of North Carolina · 1883
- Montague v. . MialSupreme Court of North Carolina · 1883
- Belcher v. . GrimsleySupreme Court of North Carolina · 1883
3Cited by6 opinions
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Hargrove v. . HarrisSupreme Court of North Carolina · 1895
- Starke v. . CottenSupreme Court of North Carolina · 1894
- Beville v. . CoxSupreme Court of North Carolina · 1891
- Morris and Hopson v. . O'BriantSupreme Court of North Carolina · 1886
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