Perry v. . Perry

In summary ejectment there is, of course, only one main issue involved, and that is tenancy and the holding over. McDonald v. Ingram, 124 N. C., 272; McIver v. R. R., 163 N. C., 545. However, it naturally follows that the summary remedy in ejectment provided by statute is restricted to cases in which the relation between the parties is that of landlord and tenant. McIver v. R. R., supra; Hauser v. Morrison, 146 N. C., 248; McCombs v. Wallace, 66 N. C., 481; Hughes v. Mason, 84 N. C., 472; Fertilizer Works v. Aiken, 175 N. C., 398; Hargrove v. Cox, 180 N. C., 362.

The defendant denies that this…