State v. . Howell
Supreme Court of North Carolina
This was an indictment for wilful injury to a house, &c., tried before Bynum, J., at the Fall Term, 1890, of the Superior Court of MONTGOMERY County.
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This was an indictment for wilful injury to a house, &c., tried before Bynum, J., at the Fall Term, 1890, of the Superior Court of MONTGOMERY County. It was in evidence, on the part of the State, that one Seth Andrews died in Montgomery County on the 6th day of June, 1889; that some time before his death he had executed to G. A. Graham a deed in fee-simple for the house and land on which the alleged trespass was committed, and put him in possession; that Andrews was living with Graham at the time of his death; that after Graham was put in possession, and before the death of Andrews, he…
1Opinion of the Court
MerRIMON, C. J.:
The tenant of the prosecutor in possession of the house could not, by simply going out of the same and purporting to take a lease thereof from the defendant and going back into the house professedly under such lease, thus rid himself of the relation as tenant to the prosecutor and put the latter out of possession and give the defendant the possession to the prejudice of the landlord, the prosecutor. He could put an end to his relation and possession as tenant ordinarily, and in this and like cases, only by a surrender of the possession to the landlord himself. Springs v.…
2Cases cited7 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1885
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Mosseller v. . DeaverSupreme Court of North Carolina · 1890
- State v. . HovisSupreme Court of North Carolina · 1877
- State v. . PiperSupreme Court of North Carolina · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Commodity Corp. Of Boston and Richard Badoian v. Commodity Futures Trading Commission, and John RuddyCourt of Appeals for the First Circuit · 1982
- State v. BakerSupreme Court of North Carolina · 1949
- State v. . FenderSupreme Court of North Carolina · 1899
- State v. . TaylorSupreme Court of North Carolina · 1916
- State v. . McCrackenSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.