Taylor v. . Taylor
Supreme Court of North Carolina
Civil aotioN, tried at April Term, 1892, of Greene Hupe-rior Court, before Winston, J. In this action the ancillary remedy of claim and delivery was resorted to for the purpose oí' enforcing an alleged lien for rent and advances for agricultural purposes.
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Civil aotioN, tried at April Term, 1892, of Greene Hupe-rior Court, before Winston, J. In this action the ancillary remedy of claim and delivery was resorted to for the purpose oí' enforcing an alleged lien for rent and advances for agricultural purposes. The plaintiff’s testator Britt died September 15, 1891. The crop of that year ivas seized by the plaintiff executor to satisfy a claim of $125 (note) and $160 (advances made by the testator). In 1889, plaintiff’s testator had contracted to convey to defendant the land on which the crop seized was raised in 1891, and had executed and…
1Opinion of the Court
Avery, J.:
A vendee may, by parol agreement- with the ■vendor in consideration of rescinding the contract of purchase, become the tenant of the latter as to the land-without surrendering possession, provided no rights have supervened that would be defeated by such rescission. Riley v. Jordan, 75 N. C., 180; 12 Am. & Eng. Enc., 263, and note 5 ; Wood on Landlord and Tenant, page 14, note 8 ; Durant v. Taylor, 89 N. C., 351. But in order -t-o avoid the contract, upon this ground, the vendor, or those claiming under him, must show an unconditional surrender by the vendee of his rights (Riley v.…
2Cases cited14 opinions
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Miller v. . PierceSupreme Court of North Carolina · 1889
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- May v. Getty.Supreme Court of North Carolina · 1905
- Redding v. Vogt.Supreme Court of North Carolina · 1906
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Arizona-Parral Mining Co. v. ForbesArizona Supreme Court · 1915
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