Parker v. . Allen
Supreme Court of North Carolina
¡Summary (Proceeding in ejectment commenced before a justice-of Ihe peace and heard omappeal at Fall Term, 1880, •of Halifax Superior Court, before Graves,' J. It was adjudged in the court below that the proceeding ¡be dismissed upon the ground that the justice had no jurisdiction, and the plaintiff appealed.
1Opinion of the CourtSmith, C. J.
Tire summary proceeding before a justice for the recovery of possession of land may be sued out by the landlord in the specified cases-under the statute.
1. Whenever a tenant in possession of real estate holds over after his term has expired.
2. When the tenant, or lessee, or other person under him, has done or omitted any act by which, according to the stipulations of -the lease, his estate has ceased. Bat. Rev., ch. 64, § 19.
If it appear on the trial that the title to the real estate is in controversy the justice shall dismiss the action and render judgment against the plaintiff for costs.…
2Cases cited5 opinions
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Greer v. . WilbarSupreme Court of North Carolina · 1875
3Cited by23 opinions
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
- Hahn v. . GuilfordSupreme Court of North Carolina · 1882
- Simons v. . LebrunSupreme Court of North Carolina · 1941
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