Doe Ex Dem McLennan v. McLeod
Supreme Court of North Carolina
Civil aotioN, Ejectment under the old practice, tried before before Buxton, J., at Fall Term, 1873, of the Superior Court of MONTGOMERY COUnty. The action was commenced by serving a copy of the declaration on the defendant, 20th June, 1867. Originally there was but one count, a single demise in the name of the present plaintiff, Margaret McLennan, the date of such demise being 1st January, 1866. After a decision of Margaret McLennan v. Ii.
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Civil aotioN, Ejectment under the old practice, tried before before Buxton, J., at Fall Term, 1873, of the Superior Court of MONTGOMERY COUnty. The action was commenced by serving a copy of the declaration on the defendant, 20th June, 1867. Originally there was but one count, a single demise in the name of the present plaintiff, Margaret McLennan, the date of such demise being 1st January, 1866. After a decision of Margaret McLennan v. Ii. C. Chisholm, at January Term, 1872, of this Court, 66 N. C. 100, the plaintiff asked and obtained leave to add another count to the declaration, containing…
1Opinion of the Court
PkaksoN, O. J.
The interest, which used to attach to “ the fictions” in the action of ejectment, has passed away since the adoption of the Code of Civil Procedure.
The fiction oí a “lease entry and ouster” was adopted merely for the sake of saving the trouble and expense of making a lease and entry. It follows, as a logical conclusion, _ no lease can be set out in the declaration which could not have been made at the time the action was commenced. Adderton v. Melchor, 7 Ired. 249.
Tested by this principle, the exception of the defendant cannot be sustained. Farquhar Martin was living at the time…
2Cited by4 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Weathersbee v. GoodwinSupreme Court of North Carolina · 1918
- Weathersbee v. . GoodwinSupreme Court of North Carolina · 1918
- McClennan v. . McLeodSupreme Court of North Carolina · 1876