Legal Opinion

Den Ex Dem. Stedman v. McIntosh

Supreme Court of North Carolina

Decided June 5, 1844PublishedCited by 7 opinions

Appeal from, the Superior Court of Law of Chatham County at Spring Term, 1844, his Honor Judge Dick presiding. This was an action of ejectment, commenced on the 19th of November, 1842. On the trial the plaintiff gave in evidence an instrument executed by the lessor of the plaintiff, in these words: “I have this day agreed with Rhoderick McIntosh to let, him occupy the house now in his occupancy on my lot at the rate of fourteen dollars per annum, rent to commence on the 26th…

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Appeal from, the Superior Court of Law of Chatham County at Spring Term, 1844, his Honor Judge Dick presiding. This was an action of ejectment, commenced on the 19th of November, 1842. On the trial the plaintiff gave in evidence an instrument executed by the lessor of the plaintiff, in these words: “I have this day agreed with Rhoderick McIntosh to let, him occupy the house now in his occupancy on my lot at the rate of fourteen dollars per annum, rent to commence on the 26th of October 1841, he having settled with me for the rent up to that time. In case Mr. McIntosh should desire to remove…

1Opinion of the CourtNash, J.

The only question presented in this case is as to the true construction of the contract between the parties. This paper was executed on the 9th of September, 1841, and the action was brought on the 19th of November, 1842, the plaintiff having given the defendant notice to quit in July preceding. On the trial of the cause in the Superior Court of Chatham, it was contended by the defendant, that this was a tenancy from year to year, and that the tenancy could not be put an end to by the lessor, without giving to the tenant six months’ notice to quit; and his Honor, who presided, being of this…

2Cited by7 opinions

  1. Hancock v. MaurerSupreme Court of Oklahoma · 1924
  2. Murrill v. . PalmerSupreme Court of North Carolina · 1913
  3. Harty v. Harris & KeeslerSupreme Court of North Carolina · 1897
  4. Midimis v. . MurrellSupreme Court of North Carolina · 1925
  5. Sappenfield v. . GoodmanSupreme Court of North Carolina · 1939

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