Conrad v. . Morehead
Supreme Court of North Carolina
Civil Action removed from Davidson and tried at July Special Term, 1882, of Guilfokd Superior Court, before Gilliam, J. The plaintiffs are the lieirs of Henry Conrad and the defendants are the administrators of John M. Morehead.
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Civil Action removed from Davidson and tried at July Special Term, 1882, of Guilfokd Superior Court, before Gilliam, J. The plaintiffs are the lieirs of Henry Conrad and the defendants are the administrators of John M. Morehead. On the 14th day of February, 1833, the said Conrad and Morehead executed a deed containing mutual covenants, in which Conrad leased to Morehead all that tract of land lying on Four Mile branch in Davidson county (describing it), containing one hundred and sixty-five acres, more or less, for the term of ninety-nine years, to have and to hold the same, together with all…
1Opinion of the CourtMekrimoN, J.
The deed before ns creates a lease for ninety-nine years, determinable, before it expires by its own limitation, at the will of the lessee. By its terms the lessee might surrender the lease at any time during its continuance. Doe v. Dixon, 9 East., 15; 4 Wait, Ac. & Def., 203; Arch. L. & T., 93.
The lease, hpwever, might be determined by a forfeiture of the same. What causes work such a forfeiture, depends upon the covenants contained in the lease, express or implied. The right of a landlord to enter for a forfeiture of a term by the tenant, arises, either by implication of law without any…
2Cases cited1 opinion
- Stott v. RutherfordSupreme Court of the United States · 1876
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- Howerton v. Kansas Natural Gas Co.Supreme Court of Kansas · 1910
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