Hauser v. . Morrison
Supreme Court of North Carolina
Summary PROCEEDINGS in ejectment, tried on appeal from a justice of tlae peace, before Ward, J., and a jury, at August Term, 1907, of tlie Superior Court of Wilices County. On the issues submitted, there was a verdict for plaintiff, judgment on verdict, and defendant esceptecl and appealed, assigning for error that the court should have dismissed the action for want of jurisdiction in the justice to try the cause.
1Opinion of the Court
ILoKE, J.,
after stating the case: The authorities of this State have established the principle that the remedy by summary proceedings in ejectment given by the landlord and tenant act (Revisal, sec. 2001, et seq.), is not coextensive with the doctrine of estoppel arising where one enters and holds land under another, but is restricted to the cases expressly specified in the act, and where the relation between the parties is simply that of landlord and tenant; and when, on the trial of such a proceeding, it is made to appear that the relation existing is that of mortgagor and mortgagee, giving…
2Cases cited13 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
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