Hargrove v. Cox
Supreme Court of North Carolina
SummaRY PROCEEDINGS in ejectment under tbe Landlord and Tenant Act, tried on appeal from a justice’s court, before Guión, Jand a jury, at May Term, 1920, of New Hanover.
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SummaRY PROCEEDINGS in ejectment under tbe Landlord and Tenant Act, tried on appeal from a justice’s court, before Guión, Jand a jury, at May Term, 1920, of New Hanover. Tbere was evidence for tbe plaintiff tending to sbow tbat defendant rented tbe bouse and lot in question, or a portion of it, from Edward Gause, former owner, some time in 1911, and bad continued in occupation of tbe property until tbe death of Edward Gause in December, 1916; tbat five or six days before bis death, said Edward Gause, uncle of plaintiff, conveyed tbe property to plaintiff, who instituted the present suit.…
1Opinion of the CourtHoice, J.
It is familiar learning that a tenant is estopped to deny the title of his landlord. As stated, however, in some of the authorities apposite, the estoppel in question “extends merely to a denial of what has already been admitted, that is, the original landlord’s title and does not prevent a tenant from assailing the validity of an alleged transfer from the original landlord.” The modification suggested is approved by this Court in Steadman v. Jones, 65 N. C., 388-391, and generally recognized as the correct position on the subject, Jackson v. Rowland, 6 Wendall (N. Y.), 666; Million v. Riley,…
2Cases cited9 opinions
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- McLaurin v. McIntyreSupreme Court of North Carolina · 1914
- Hahn v. . GuilfordSupreme Court of North Carolina · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Lofton v. . BarberSupreme Court of North Carolina · 1946
- Hobby v. . FreemanSupreme Court of North Carolina · 1922
- Perry v. . PerrySupreme Court of North Carolina · 1925
- Turner v. WeberCourt of Appeals of North Carolina · 1972
1 more not listed; retrieve them via the Exa API.