Barneycastle v. . Walker
Supreme Court of North Carolina
This was a civil ACTION tried before MaIZoy, Judge, and a jury, at the February Term, 1885, of Davie Superior Court. The plaintiff in his complaint alleged that in the fall of 1879 he rented the land in question from William Walker, Sr., his home place, the said Walker reserving the house and garden and truck patches, &c., and plaintiff occupied the same until-August, 1880, when he again made a contract with said Walker for the rent of the same land for the next ensuing…
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This was a civil ACTION tried before MaIZoy, Judge, and a jury, at the February Term, 1885, of Davie Superior Court. The plaintiff in his complaint alleged that in the fall of 1879 he rented the land in question from William Walker, Sr., his home place, the said Walker reserving the house and garden and truck patches, &c., and plaintiff occupied the same until-August, 1880, when he again made a contract with said Walker for the rent of the same land for the next ensuing year, 1881 j sowed wheat in the fall of 1880, and occupied the land as tenant of said Walker until after the death of said…
1Opinion of the Court
Abhe', I.
(after stating the facts). The sole question presented by the record is, whether the Superior Court liad jurisdiction of the action ?
The position taken by the defendant’s counsel, if we understand his argument, was, yielding the agreement as to the rent of the premises for the year 1881 — -it was only a contract for the use and occupation of the land for a year, and that there was an implied contract on the part of the lessor that he would not disturb the possession of the lessee during the time of his lease, and the entry of the defendant, as heir of the lessor, was a breach of that…
2Cases cited2 opinions
- Nance v. Carolina Central Railway Co.Supreme Court of North Carolina · 1877
- Wilson Shober v. . Moore .Supreme Court of North Carolina · 1875
3Cited by7 opinions
- Rickman Manufacturing Company v. GableSupreme Court of North Carolina · 1957
- Harvey v. . HambrightSupreme Court of North Carolina · 1887
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
- Seawell v. . PersonSupreme Court of North Carolina · 1912
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915
2 more not listed; retrieve them via the Exa API.