Den on Dem. of Love v. Edmonston
Supreme Court of North Carolina
This was an action of ejectment, for a tract of land, tried at Haywood, on the last circuit, before his honor Judge Hall.
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This was an action of ejectment, for a tract of land, tried at Haywood, on the last circuit, before his honor Judge Hall. The lessor of the plaintiff read in evidence a deed from James Lockhart to himself, covering the land in dispute, and dated the 28th of July, 1829. He also shewed aregular chain of conveyances from the State to Lockhart; and then exhibited the following written agreement between himself and the defendant, to wit: “ Robert Love and Ninian Edmonston agree thus; as respects the tract of land on which said Edmonston lives, called the Probe Bottom, which has been valued to the…
1Opinion of the Court
Daniel, Judge,
after stating the case as above, proceeded
as follows: A party who has been let into possession of land under a contract of sale, or for a letting which has not been completed, is only a tenant at will of the vendor. Leigh’s N. P. 861, who cites Ball v. Callimore, 2 Crom. Mee. & Ros. 120, 1 Gale, 96 —Dunk v. Hunter, 7 Eng. C. L. 115— Bingham v. Cartwright, 5 Eng. C. L. 153, 154. And such interest is determinable instanter, by a demand of the possession. Doe d. Jones v. Jones, 21 Eng. C. L. 153, 154. Den on dem. Carson v. Baker, 4 Dev. 220. The tenant then having only the right of…
2Cited by13 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- Leroy v. Pasquotank & North River Steamboat Co.Supreme Court of North Carolina · 1914
- Mauney v. . NorvellSupreme Court of North Carolina · 1920
- Bond v. BeverlySupreme Court of North Carolina · 1910
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