Legal Opinion

Allen v. . Taylor

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 19 opinions

Civil action, tried before Philips, Judge, at January Term, 1886, of FüANKLin Superior Court. The plaintiff alleges, in substance, that she contracted to sell to the defendant the tract of land described in the complaint ; that she executed to him her bond for title thereto, conditioned that it should be made when and as soon as he should pay sundry promissory notes, running to maturity at different times, given by him to her for the purchase money thereof; that the…

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Civil action, tried before Philips, Judge, at January Term, 1886, of FüANKLin Superior Court. The plaintiff alleges, in substance, that she contracted to sell to the defendant the tract of land described in the complaint ; that she executed to him her bond for title thereto, conditioned that it should be made when and as soon as he should pay sundry promissory notes, running to maturity at different times, given by him to her for the purchase money thereof; that the defendant failed to pay these notes as they matured, and has only paid a small part of the money-due upon them; that the…

1Opinion of the Court

Merrimon, J.,

(after stating the facts). It is well settled, that the purchaser of land, when let into possession under a contract of purchase, is simply an occupant of it at the will of the vendor, and he so continues until the purchase money shall be paid. The vendor may at any time put an end to such occupancy by demanding possession, after reasonable notice to quit; and if it be not surrendered, then he may at once bring and maintain an action to recover the possession.

The occupancy is by permission, and therefore lawful, and hence the occupant is entitled to reasonable notice to quit. It…

2Cases cited5 opinions

  1. Jones v. . BoydSupreme Court of North Carolina · 1879
  2. Hamlin v. . TuckerSupreme Court of North Carolina · 1875
  3. Thomas L. Hemphill v. . Benjamin A. RossSupreme Court of North Carolina · 1872
  4. john.W. Ellis v. . Samuel HusseySupreme Court of North Carolina · 1872
  5. Thompson v. . JusticeSupreme Court of North Carolina · 1883

3Cited by19 opinions

  1. Brannock v. FletcherSupreme Court of North Carolina · 1967
  2. Fairchild Realty Co. v. Spiegel, Inc.Supreme Court of North Carolina · 1957
  3. Credle v. . AyersSupreme Court of North Carolina · 1900
  4. Crawford v. . AllenSupreme Court of North Carolina · 1925
  5. Crawford v. AllenSupreme Court of North Carolina · 1925

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