Hayes v. . Wrenn
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at May Term, 1914, of GbaNVille. Tbis is an action to recover rent. The plaintiff’s grandmother owned a tract of 365 acres of land in Yance County. By her will tbe .grandmother left the property to plaintiff, subject to the life estate of Mrs. Callie Hayes (or Clayton), mother of plaintiff. The life .tenant died 18 May, 1913, and the property passed to plaintiff.
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Appeal by plaintiff from Lyon, J., at May Term, 1914, of GbaNVille. Tbis is an action to recover rent. The plaintiff’s grandmother owned a tract of 365 acres of land in Yance County. By her will tbe .grandmother left the property to plaintiff, subject to the life estate of Mrs. Callie Hayes (or Clayton), mother of plaintiff. The life .tenant died 18 May, 1913, and the property passed to plaintiff. In 1912 tbe life tenant rented tbe place to defendants for five-years from 1 November, 1912, for $500. This rent was paid in advance by tbe Wrenns. They then sublet to tbeir codefendants, tbe…
1Opinion of the CourtAllen, J.
Under the common law, “tbe tenant for life, or bis representative, shall not be prejudiced by any sudden determination of bis estate because such a determination is contingent and uncertain. Therefore, if a tenant for bis own life sows tbe lands, and dies before harvest, bis executor shall have tbe emblements or profits of the crop, for tbe estate was determined by tbe act of God, and it is a maxim in tbe law that actus dei nemini facit injuriam. Tbe representatiyes, therefore, of tbe tenant for life shall have tbe emblements to compensate for tbe labor and expense for tilling, manuring, and…
2Cases cited2 opinions
- King v. . FoscueSupreme Court of North Carolina · 1884
- Poindexter v. . BlackburnSupreme Court of North Carolina · 1840
3Cited by3 opinions
- Trust Co. v. KennySupreme Court of Georgia · 1939
- Wells v. Planters National Bank & Trust Co.Supreme Court of North Carolina · 1965
- Wells v. PLANTERS NATIONAL BANK AND TRUST COMPANYSupreme Court of North Carolina · 1965