Lawrence v. . Eller
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at Spring Term, 1914, of Avery. Civil action to establish ownership and right of possession of a certain tract of land lying in Avery County.
Read the full summary
Appeal by plaintiff from Webb, J., at Spring Term, 1914, of Avery. Civil action to establish ownership and right of possession of a certain tract of land lying in Avery County. It was admitted in the pleadings that defendants, B. F. Eller and wife, or B. F. Eller, as agent of his wife, had rented the tract of land in controversy to plaintiff for the year 1912 at the contract price of $25; that the lessee had entered into possession and occupation of the property under and by virtue of the contract and had continued such possession since that time; that in December, 1912, plaintiff had…
1Opinion of the Court
Hoke, J.,
after stating the case: It is recognized as the general rule that a tenant is not allowed to controvert the title of his landlord or set up rights adverse to such title without having first surrendered the possession acquired under and by virtue of the agreement between them.
The position does not usually obtain where, after the renting, the title of the landlord has terminated or has been transferred either to a third person or the tenant himself, for, under the doctrine as it now prevails, the loyalty required is to the title, not to the person of the landlord, and in courts…
2Cases cited10 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Peyton v. StithSupreme Court of the United States · 1831
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Von Glahn v. . DerossettSupreme Court of North Carolina · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Timber Co. v. . YarbroughSupreme Court of North Carolina · 1920
- Buckhorn Land & Timber Co. v. YarbroughSupreme Court of North Carolina · 1920
- Lofton v. . BarberSupreme Court of North Carolina · 1946
- Shelton v. . ClinardSupreme Court of North Carolina · 1924
- Hargrove v. CoxSupreme Court of North Carolina · 1920
9 more not listed; retrieve them via the Exa API.