Prudential Insurance Co. of America v. Totten

In the statement of case on appeal, the parties have styled the present proceeding “a civil action in the nature of a summary proceeding in ejectment.” It was commenced in a court of a justice of the peace, and heard de novo on appeal to the Superior Court of Durham County.

It is the position of the plaintiffs that the defendant is estopped by the terms of his own deed of trust to deny the tenancy now existing between the Prudential Insurance Company of America as landlord and the defendant and his wife as tenants. Gaylord v. Gaylord, 150 N. C., 222, 63 S. E., 1028.

The defendant, on the other…