Riley v. . Jordan
Supreme Court of North Carolina
Summary Proceeding in Ejectment, under the Landlord and Tenant Act, tried before BuxtoN, J., at Spring Term, 187G, of Montgomery Superior Court, upon appeal from a Court of a Justice of the Peace. The affidavit of a tenancy and holding over was made by the plaintiff, who claims the possession of the premises as the assignee of P. 0. Riley.
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Summary Proceeding in Ejectment, under the Landlord and Tenant Act, tried before BuxtoN, J., at Spring Term, 187G, of Montgomery Superior Court, upon appeal from a Court of a Justice of the Peace. The affidavit of a tenancy and holding over was made by the plaintiff, who claims the possession of the premises as the assignee of P. 0. Riley. The affidavit was made January 20th, 1876, and the term of the defendant was alleged to have expired December 31st, 1875. The defendant in'his answer denies the lease and alleges that he purchased the premises from one Neill Gattis through P. 0. Riley as…
1Opinion of the CourtReade, J.
The defendant entered under a contract of purchase and while so possessed a Justice of the Peace would have had no jurisdiction to oust him under the Landlord and Tenant Act. McCombs v. Wallace, 66 N. C. Rep., 481; McMillan v. Love, 72 N. C. Rep., 18.
But the defendant unconditionally surrendered that contract and his rights under it- and agreed to held under a new contract of lease. This brought the case under the Landlord and Tenant Act and gave the Justice of the Peace jurisdiction.
The point made by the defendant was, that in order to change his relation with the plaintiff he must have used…
2Cases cited2 opinions
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
- McMillan v. . LoveSupreme Court of North Carolina · 1875
3Cited by11 opinions
- May v. Getty.Supreme Court of North Carolina · 1905
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Bell v. . BrownSupreme Court of North Carolina · 1947
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
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