Kitchen v. . Pridgen
Supreme Court of North Carolina
Action of trespass gucwre clausum fregit, tried before liis Honor, Judge Bailey, at the Spring Term, 1855, of New Hanover Superior Court. The plaintiff claimed that he was in possession of the locus-in quo under one Herring, in whom was the title to the premises at the time of his conveyance to the defendant hereinafter mentioned.
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Action of trespass gucwre clausum fregit, tried before liis Honor, Judge Bailey, at the Spring Term, 1855, of New Hanover Superior Court. The plaintiff claimed that he was in possession of the locus-in quo under one Herring, in whom was the title to the premises at the time of his conveyance to the defendant hereinafter mentioned. To prove his possession, plaintiff introduced one Bordeaux, who stated that about the last of February or the first of March, 1847, he and two or three negroes were engaged in cutting pine wood on the land in question, for the plaintiff, and while so employed, the…
1Opinion of the CourtBattle, J.
A tenancy from year to year is a species of term for years, from which, however, it is distinguished, inasmuch as the duration of the term is not limited. It is distinguished from a tenancy at will, inasmuch as it is raised only by construction of law as a substitute for an -estate at will; therefore, although prima facie, all leases for uncertain terms create a tenancy at will, Courts of Law have for a long time construed such leases to constitute a tenancy from year to year, especially where an annual rent is reserved. Thus, where land was leased to A for a year, and so from year to year as…
Also in this document: Per curiam.
2Cited by2 opinions
- Harty v. Harris & KeeslerSupreme Court of North Carolina · 1897
- Eggers v. PaustianSupreme Court of Iowa · 1921