Legal Opinion

Murrill v. . Palmer

Supreme Court of North Carolina

Decided November 26, 1913PublishedCited by 11 opinions

Appeal by plaintiff from Webb, J., at June Term, 1913, of MeckleNbueg. Civil action, beard on appeal from a justice’s court.

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Appeal by plaintiff from Webb, J., at June Term, 1913, of MeckleNbueg. Civil action, beard on appeal from a justice’s court. Tbe facts formally agreed upon by tbe parties are stated in tbe record as follows: “Tbe above named parties agree that tbe following statement of facts, together witb tbe exhibits, shall constitute tbe facts in this action, and agree that bis Honor,, James L. Webb, judge presiding, shall upon these facts find as a fact tbe intentions of tbe parties litigant, and shall give judgment thereon as be shall determine tbe law to be arising therefrom. “First. That the plaintiff…

1Opinion of the CourtHoke, J.

It is a principle fully recognized, and not infrequently applied in this State, that when a tenant for a year or a longer time holds over and is recognized as tenant by the landlord, without further agreement or other qualifying facts or circumstances, he becomes tenant from year to year, and subject to the payment of the rent and other stipulations of the lease as far as the same may be applied to existent conditions. Holton v. Andrews, 151 N. C., 340; Harty v. Harris, 120 N. C., 408; Scheelky v. Koch, 119 N. C., 80; Steadman v. McIntosh, 26 N. C., 291; McAdam Landlord and Tenant (3d Ed.),…

2Cases cited7 opinions

  1. Herter v. . MullenNew York Court of Appeals · 1899
  2. Montgomery v. WillisNebraska Supreme Court · 1895
  3. Holton v. . AndrewsSupreme Court of North Carolina · 1909
  4. Harty v. Harris & KeeslerSupreme Court of North Carolina · 1897
  5. Den Ex Dem. Stedman v. McIntoshSupreme Court of North Carolina · 1844

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Monger v. . LutterlohSupreme Court of North Carolina · 1928
  2. Coulter v. Capitol Finance CompanySupreme Court of North Carolina · 1966
  3. Kearney v. HareSupreme Court of North Carolina · 1965
  4. HOUSING AUTHORITY OF CITY OF DURHAM v. ThorpeSupreme Court of North Carolina · 1966
  5. Cherry v. . WhitehurstSupreme Court of North Carolina · 1939

6 more not listed; retrieve them via the Exa API.

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