E. C. Turner v. . G. A. Lowe
Supreme Court of North Carolina
This was a civil action brought to recover the possession of land, tried before His Honor Judge Cloud, and a jury at Spring Term, 1871, of Surry Superior Court. The plaintiff claimed as landlord, &e. The defendant admitted the alleged tenancy, but in his answer set up as a counter-claim various facts, which he claimed constituted an equitable defence to the action, and proposed to give evidence thereof on the trial.
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This was a civil action brought to recover the possession of land, tried before His Honor Judge Cloud, and a jury at Spring Term, 1871, of Surry Superior Court. The plaintiff claimed as landlord, &e. The defendant admitted the alleged tenancy, but in his answer set up as a counter-claim various facts, which he claimed constituted an equitable defence to the action, and proposed to give evidence thereof on the trial. His Honor rejected the evidence, and a verdict was, under the instructions of His Honor,. found for the plaintiff, and from the judgment rendered thereon the defendant appealed.…
1Opinion of the CourtRodmaN, J.
The rule that a tenant cannot dispute his landlord’s title, has not been impaired by any recent legislation ór by any recent decision oí this Court. It holds good now where-■ever it formerly did.
But a tenant might always show an equitable title in himself against the legal title of his landlord, or any facts which made it inequitable in the landlord to use his legal estate to turn him out of possession.
When law and equity were administered by distinct tribunals, the tenant was obliged to go into a Court of Equity for that purpose. But now that they are administered by the same Court, and…
2Cases cited1 opinion
- Calloway v. . HambySupreme Court of North Carolina · 1871
3Cited by21 opinions
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
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