Legal Opinion

Moore v. . Faison

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 6 opinions

Civil action, tried on appeal from the judgment of a justice of the peace, at November Term, 1886, of Duplin Superior Court, before Clark, Judge. The plaintiff, as landlord, rented certain premises for farming purposes to one David Cameron, who subrented a part of the same to one John Newell.

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Civil action, tried on appeal from the judgment of a justice of the peace, at November Term, 1886, of Duplin Superior Court, before Clark, Judge. The plaintiff, as landlord, rented certain premises for farming purposes to one David Cameron, who subrented a part of the same to one John Newell. The plaintiff made certain advances to subtenant Newell, without the request and not at the instance of the tenant Cameron'. The defendant made advances to Newell at the request of Cameron, who assumed and became responsible for the payment thereof; and for such advances Cameron seized (under claim and…

1Opinion of the Court

Smith, C. J.,

(after stating the facts). The statute of 1876-’77, in direct terms, vests in the landlord, who leases his land to a tenant, all the crop grown on the rented land in possession until the rent is paid, the other stipulations in the agreement fulfilled, or damages given instead, and until the lessor or his assignors “ shall be paid for all advances made and expenses incurred in making and saving said crop.” The Code, §1754. These statutory relations grow out of the contract of lease for the security of the landlord and in aid of the credit of his tenant when his necessities require…

2Cases cited1 opinion

  1. Montague v. . MialSupreme Court of North Carolina · 1883

3Cited by6 opinions

  1. Eason Ex Rel. Eason v. DewSupreme Court of North Carolina · 1956
  2. State v. Crook.Supreme Court of North Carolina · 1903
  3. Brewer v. . ChappelSupreme Court of North Carolina · 1888
  4. Never Fail Land Co. v. ColeSupreme Court of North Carolina · 1929
  5. Jarrell v. . DanielSupreme Court of North Carolina · 1894

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