Mauney v. . Norvell
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at March Term, 1920, of CHEROKEE. The plaintiff began this action in summary ejectment before a magistrate for house and lot in the town of Murphy. The defendant was living in the house when the plaintiff bought it from Lane in March, 1918. Soon after purchasing the property, the plaintiff demanded possession, but the defendant did not surrender.
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Appeal by plaintiff from Bryson, J., at March Term, 1920, of CHEROKEE. The plaintiff began this action in summary ejectment before a magistrate for house and lot in the town of Murphy. The defendant was living in the house when the plaintiff bought it from Lane in March, 1918. Soon after purchasing the property, the plaintiff demanded possession, but the defendant did not surrender. The plaintiff was then sent to the army, and the defendant paid rent every month, which plaintiff accepted. In Eebruary, 1919, plaintiff demanded possession by letter. The defendant replied, claiming a lease for 3…
1Opinion of the CourtClark, C. J.
Rev., 976, provides: “All other leases and contracts for leasing lands,' exceeding in duration three years from the making thereof, shall be void, unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized.”
The lease under which the defendant claims was not in writing and he alleges it was made in February, 1918, to begin on 10 May, 1918, and was void. He was therefore simply a tenant at will, and if entitled to any notice to quit he was entitled only to a reasonable…
2Cases cited4 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Den on Dem. of Love v. EdmonstonSupreme Court of North Carolina · 1840
- Vanderford v. Foreman.Supreme Court of North Carolina · 1901
3Cited by15 opinions
- Kent v. HumphriesSupreme Court of North Carolina · 1981
- Bourne v. LAY & COMPANYSupreme Court of North Carolina · 1965
- Kent v. HumphriesCourt of Appeals of North Carolina · 1981
- Pickelsimer Ex Rel. Gash v. PickelsimerSupreme Court of North Carolina · 1962
- Herring v. Volume Merchandise, Inc.Supreme Court of North Carolina · 1958
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