Vincent v. . Corbin
Supreme Court of North Carolina
Summary Progeeding in ejectment tried on appeal at-Spring Term, 1881,- of Alamauck Superior Court before-Avery, J. This proceeding was commenced before a justice of the peace to recover possession of a house and lot alleged to-have been rented by plaintiff to defendant who held over after the expiration of the lease.
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Summary Progeeding in ejectment tried on appeal at-Spring Term, 1881,- of Alamauck Superior Court before-Avery, J. This proceeding was commenced before a justice of the peace to recover possession of a house and lot alleged to-have been rented by plaintiff to defendant who held over after the expiration of the lease. In his affidavit before the justice, the plaintiff alleged-substantially as follows: 1. That he was owner in fee simple-of the premises in dispute.- 2.- That the house and lot were' rented- to defendant who became his tenant on the 2nd of February, 1878*. 8. That the tenancy has…
1Opinion of the CourtAshe, J.
The exception to the charge of the court was well taken. The instruction “ that if the plaintiff demanded possession on April 6th, 1880, and the defendant was his tenant, even from year to year, the plaintiff would-be entitled to recover,” as an abstract proposition is erroneous, A tenant from year to year according to all the authorities is entitled to a notice to quit before he can be dispossessed, except, in cases where he has disclaimed the relation of landlord and tenant, and a mere demand for possession like that made on the 6th of April, 1880, or in November following, is not the kind…
2Cases cited1 opinion
- Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.Supreme Court of North Carolina · 1869
3Cited by9 opinions
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Waddell v. . SwannSupreme Court of North Carolina · 1884
- Tobin v. YoungIndiana Supreme Court · 1890
- Springs v. . SchenckSupreme Court of North Carolina · 1888
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