Greer v. . Wilbar
Supreme Court of North Carolina
SuMMary Proceedings, under the “ Landlord and Tenant ” Act, commencing in a Justice’s Court, and carried by appeal to the Superior Court of Ashe where it was tried before Mitohell, J., at Spring Term, 1874. The case agreed by the counsel for the parties, states the following facts : At Spring Term, 1872, of Ashe Superior Court, one Wilier obtained a decree for the sale of two lots, the property of and on which Wilbar, the defendant resided, in the town of Jefferson, for the…
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SuMMary Proceedings, under the “ Landlord and Tenant ” Act, commencing in a Justice’s Court, and carried by appeal to the Superior Court of Ashe where it was tried before Mitohell, J., at Spring Term, 1874. The case agreed by the counsel for the parties, states the following facts : At Spring Term, 1872, of Ashe Superior Court, one Wilier obtained a decree for the sale of two lots, the property of and on which Wilbar, the defendant resided, in the town of Jefferson, for the payment of a certain amount owing to him by Wilbar. The lots were sold and Wilier became the purchaser. At the Fall Term…
1Opinion of the CourtPeaesoN, J.
The {' Landlord and Tenant Act,” does not apply to a mortgager who is allowed to remain in possession until default in making payment, and on demand after default refuses to surrender possession; McCombs v. Wallace, 66 N. C. Rep. 481. The mortgagee cannot be let into possession by summary process, before a Justice of the Peace, but has his remedy by action to foreclose, or by action to recover the land on his legal title, to which action; the equitable title of the mortgagor may be interposed by way of counter claim.
So the case of a vendee, who has been let into possession, and refuses after…
2Cases cited1 opinion
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
3Cited by5 opinions
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Hughes v. . MasonSupreme Court of North Carolina · 1881
- Battery Park Bank v. LoughranSupreme Court of North Carolina · 1898
- Smith v. Garris.Supreme Court of North Carolina · 1902
- Johnson v. . HauserSupreme Court of North Carolina · 1880