Hargrove v. Cox
Supreme Court of North Carolina
SummaRY PROCEEDINGS in ejectment under tbe Landlord and Tenant Act, tried on appeal from a justice’s court, before Guión, Jand a jury, at May Term, 1920, of New Hanover.
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SummaRY PROCEEDINGS in ejectment under tbe Landlord and Tenant Act, tried on appeal from a justice’s court, before Guión, Jand a jury, at May Term, 1920, of New Hanover. Tbere was evidence for tbe plaintiff tending to sbow tbat defendant rented tbe bouse and lot in question, or a portion of it, from Edward Gause, former owner, some time in 1911, and bad continued in occupation of tbe property until tbe death of Edward Gause in December, 1916; tbat five or six days before bis death, said Edward Gause, uncle of plaintiff, conveyed tbe property to plaintiff, who instituted the present suit.…
1Concurrence
Claek, C. J.,
concurs that the principle which estops a tenant to deny the title of his landlord does not prevent the tenant from assailing the validity of an alleged transfer from the original landlord. Steadman v. *364Jones, 65 N. C., 388; 24 Cyc., 745; 16 R. C. L., 670. And, therefore, there is error entitling the defendant to a new trial for refusing to consider the evidence offered by him tending to show that the plaintiff had not succeeded to the rights of the landlord from whom the defendant had rented the house. But does not concur in the proposition that this action, which came up by…
2Cases cited10 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- In Re AndersonSupreme Court of North Carolina · 1903
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- State v. . NealSupreme Court of North Carolina · 1897
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