Wilson v. Arentz
Supreme Court of North Carolina
This was a oivil aotioN brought by the plaintiff alone to recover the possession of a tract of land and damages for the detention of it.
Read the full summary
This was a oivil aotioN brought by the plaintiff alone to recover the possession of a tract of land and damages for the detention of it. The complaint alleged, 1st, that the plaintiff was a tenant by courtesy initiate of the land; 2d, that the defendants were in the wrongful possession of it, and had for ten years received the rents and profits of it; 3d, that the land was conveyed to his wife in fee in the year 1864, and she was in the seizin and possession of it; 4th, that the plaintiff was married to his wife in 1841, and had by her several living children. The defendants demurred to the…
1Opinion of the CourtRodMAN, J.
The defendant assigns for cause of demurrer ; 1. That the wife of plaintiff is not joined with him as a co-plaintiff. The answer to this is found in the opinion of the 'Court in Williams v. Lanier, 1 Busb. 30, where it is said: “ For these reasons it has been settled, for upwards of a century, that the latter (the reversion or remainder man) may bring case in the nature of waste, for the injury to the inheritance ; and that the former (the particular tenant) trespass groare clausum fregit, for the injury done to him.”
In that case the particular tenant was a tenant by the courtesy initiate,…
2Cited by13 opinions
- Perry v. StancilSupreme Court of North Carolina · 1953
- Walker v. . LongSupreme Court of North Carolina · 1891
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Dyer v. WittlerSupreme Court of Missouri · 1886
- State v. MillsSupreme Court of North Carolina · 1884
8 more not listed; retrieve them via the Exa API.