Legal Opinion

Hobby v. . Freeman

Supreme Court of North Carolina

Decided March 29, 1922PublishedCited by 6 opinions

Appeal by defendant from Bond,, J., at second October Term, 1921, of Waee. Summary proceeding in ejectment to evict the defendant, a tenant, from tbe premises of the plaintiff.

1Opinion of the CourtStacy, J.

This was a summary proceeding in ejectment, commenced in the court of a justice of the peace, and tried de novo on appeal to the Superior Court of "Wake County. From the judgment of the latter court the case comes to us for review.

The tenancy and the expiration of the term are both admitted (C. S., 2365); but defendant refuses to vacate the premises upon the ground that, although having taken possession under a lease, she has now acquired an outstanding claim to the property superior to the plaintiff’s right and superior to her original landlord’s title. It has been the uniform holding with…

2Cases cited5 opinions

  1. Hauser v. . MorrisonSupreme Court of North Carolina · 1907
  2. McLaurin v. McIntyreSupreme Court of North Carolina · 1914
  3. Lawrence v. . EllerSupreme Court of North Carolina · 1915
  4. Sorrey v. . BrightSupreme Court of North Carolina · 1835
  5. Hargrove v. CoxSupreme Court of North Carolina · 1920

3Cited by6 opinions

  1. Springs v. . Refining Co.Supreme Court of North Carolina · 1933
  2. Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
  3. Prudential Insurance Co. of America v. TottenSupreme Court of North Carolina · 1932
  4. Shelton v. . ClinardSupreme Court of North Carolina · 1924
  5. Pitman v. . HuntSupreme Court of North Carolina · 1929

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