Raby v. . Reeves
Supreme Court of North Carolina
Civil ACTION to recover for use of right of way over plaintiff’s land, tried at Spring Term, 1892, of MacoN Superior Court, before Ilolce, J., on defendant’s appeal from a Justice of the Peace.
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Civil ACTION to recover for use of right of way over plaintiff’s land, tried at Spring Term, 1892, of MacoN Superior Court, before Ilolce, J., on defendant’s appeal from a Justice of the Peace. Plaintiff offered in evidence a deed from Elijah Raby and wife to the defendant, dated 25th April, 1885, granting the right of way oi-er lands to be utilized in the construction of a ditch for the transportation of water, and reserving a yearly rental of $20. He also offered in evidence a deed from Elijah Raby and wife to himself, dated June 11, 1887, conveying the land over which the right of way had…
1Opinion of the Court
Shepherd, C. J.:
It is laid down in Bacon’s Abridgment (Yol. Y1II, Letter 8, Title Rent) that, “ as a general rule, no rent can issue out of an incorporeal inheritance which lies in grant, because they are such things in their nature as a man can never recur to for a distress.” It is also stated by the same author that “if a lease by deed for years of an incorporeal inheritance be made — reserving rent — such reservation is good by way of contract to 'bind lessee, and for non-performance lessor may bring debt.”
Ho, it seems, that in the present case, when the easement was granted, reserving…
2Cases cited1 opinion
- Fort v. . AllenSupreme Court of North Carolina · 1892
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