Lancashire v. . Mason
Supreme Court of North Carolina
Summary Proceedings in Ejectment, commenced in Magistrate’s Court; taken by appeal to Superior Court by defendant, and tried by BuxtoN, J., at Spring Term, 1874, of Cumberland Superior Court. The following statement of the case is sufficient to present the points decided by the Court. There were other points raised in the case, but as a venire de novo was ordered for error in the Court below in excluding evidence, they are not touched upon in the opinion. Jno.
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Summary Proceedings in Ejectment, commenced in Magistrate’s Court; taken by appeal to Superior Court by defendant, and tried by BuxtoN, J., at Spring Term, 1874, of Cumberland Superior Court. The following statement of the case is sufficient to present the points decided by the Court. There were other points raised in the case, but as a venire de novo was ordered for error in the Court below in excluding evidence, they are not touched upon in the opinion. Jno. W. Lancashire, stating that he sued for himself and his co-plaintiffs, made affidavit before a Magistrate, September 14th, 1870, that…
1Opinion of the CourtPearson, C. J.
In rejecting the evidence of a sheriff’s sale of the plaintiff’s estate and deed to Hinsdale, the learned Judge made a wrong application of the principle by which a lessee is not allowed to deny the title of the lessor as long as the relation of lessor and lessee continues, and as long as the lessee holds the possession which he acquired by means of the lease.
This principle is based on the necessity of enforcing honesty and fair dealing, and is one of many instances of the doctrine of estoppel by which a “man’s mouth is shut ” and he is not allowed to deny a matter he has in a solemn manner…
2Cited by11 opinions
- McGuffie v. CarterMichigan Supreme Court · 1880
- Pate v. . GaitleySupreme Court of North Carolina · 1922
- Mercer v. . BullockSupreme Court of North Carolina · 1926
- Merchants' Nat. Bank of Sallisaw v. FrazierSupreme Court of Oklahoma · 1916
- Thomas v. . HunsuckerSupreme Court of North Carolina · 1891
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