McDonald v. . Ingram
Supreme Court of North Carolina
Summary PROCEEDING in ejectment, taken on appeal from the Justice’s Court of Cumberland County, and tried before Allen j J., at March Term, 1898. The plaintiff claimed that defendant was his tenant, had paid him rent, that her tenancy had expired and she was holding over. The defendant admitted possession, denied the tenancy, and claimed that she was the equitable owner of the property.
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Summary PROCEEDING in ejectment, taken on appeal from the Justice’s Court of Cumberland County, and tried before Allen j J., at March Term, 1898. The plaintiff claimed that defendant was his tenant, had paid him rent, that her tenancy had expired and she was holding over. The defendant admitted possession, denied the tenancy, and claimed that she was the equitable owner of the property. The only issue submitted to the jury was: “Is the plaintiff entitled to the possession of the premises described ?” which issue his Honor instructed the jury to answer, No. Plaintiff excepted. Verdict and…
1Opinion of the CourtFuRches., J.
This is a summary proceeding in ejectment commenced in the Court of a Justice of the Peace.
Plaintiff claims that defendant was his tenant, having rented the property from him for which she paid him rent for about 14 months; that such tenancy had expired, but that defendant continued to hold possession, and refused to vacate the property.
Defendant admitted possession, denied the tenancy, and alleged that she was the equitable owner of the house and lot in controversy.
From the evidence, it seems that the defendant had once been the owner of the property, but that she had sold and conveyed it to…
2Cases cited2 opinions
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Davis v. . DavisSupreme Court of North Carolina · 1880
3Cited by12 opinions
- Simons v. . LebrunSupreme Court of North Carolina · 1941
- Prudential Insurance Co. of America v. TottenSupreme Court of North Carolina · 1932
- Howell v. . BransonSupreme Court of North Carolina · 1946
- Jerome v. . SetzerSupreme Court of North Carolina · 1918
- McIver v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
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