Den on Demise Jordan v. Marsh
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Chatham County, at the Spring Term 1847, his Honor Judge-Manly presiding. In this action of ejectment, the following bill of exceptions was sent up by the Judge of the Superior Court.
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Appeal from the Superior Court of Law of Chatham County, at the Spring Term 1847, his Honor Judge-Manly presiding. In this action of ejectment, the following bill of exceptions was sent up by the Judge of the Superior Court. On the trial of the issues joined, the counsel for the-plaintiff produced and gave in evidence, in support of the-said issue on the- part of the plaintiff, the record of a judgment in the Court o>f Pleas and Quarter Sessions, whereby it appeared, that one John Edwards obtained, before the 8th day of March, 1842, a judgment before a justice of the-peace of Chatham against…
1Opinion of the CourtPearson, J.
The bill of exceptions presents two questions ; was Marsh, who, by order of the Court, was substituted and made defendant in the room and stead of Fleming, entitled to the benefit of any evidence, which would not in law be admissible, on the part of the said Fleming ? It is not necessary to decide this question, because we think there was error in the decision of the second question, and it is sufficient to say, that wrn see nothing to take this case out of the general rule, that a landlord, who is admitted to defend, is confined to such defence as the tenant could have made.
The second…
2Cited by1 opinion
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