Doe Ex Dem. Richburg v. Bartley
Supreme Court of North Carolina
Ejectment, tried before Baily, Judge, at Madison, at Pall Term, 1852. The plaintiff offered in evidence a lease for the premises in question, executed bjr her to the defendant, demising the same for the term of “ live years, to wit, commencing with 1st day of January, 1850, and ending on 1st day of January, 1855,” and in which it was covenanted on the part of the defendant, to pay the plaintiff “ one hundred dollars per year, to be paid at the end of eacli year,” and after…
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Ejectment, tried before Baily, Judge, at Madison, at Pall Term, 1852. The plaintiff offered in evidence a lease for the premises in question, executed bjr her to the defendant, demising the same for the term of “ live years, to wit, commencing with 1st day of January, 1850, and ending on 1st day of January, 1855,” and in which it was covenanted on the part of the defendant, to pay the plaintiff “ one hundred dollars per year, to be paid at the end of eacli year,” and after stipulating to make repairs and certain improvements on the premises, follows tins clause : “ It is further understood,…
1Opinion of the CourtBattle, J.
Whether it was necessary for the lessor of the plaintiff to enter upon the demised premises, or give notice to the defendant before bringing her action of ejectment, it is unnecessary for us to decide ; for it is clear that the forfeiture of the lease by the nonpayment of the rent due for the year 1850, was waived by the subsequent acceptance by the lessor from the lessee, of that due for the year following. Arch. Land, and Ten. 97-J.00, (43 Law Lib. 108-111.) The declaration was issued on the 7th day of October, 1851, and served on the defendant the 4th of November following ; while, it is…
2Cited by5 opinions
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- Sharpe v. North Carolina RailroadSupreme Court of North Carolina · 1925
- Fairchild Realty Co. v. Spiegel, Inc.Supreme Court of North Carolina · 1957