King v. . Foscue
Supreme Court of North Carolina
Civil Actiox, tried at Spring Term, 1834, of Jones .Superior Court, before Shepherd, J. The action was commenced in a justice’s court, and the plaintiffs'complained that the defendant owed them ninety-one dollars for rents received by him from the lands of the feme plaintiff. The defendant denied the allegation.
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Civil Actiox, tried at Spring Term, 1834, of Jones .Superior Court, before Shepherd, J. The action was commenced in a justice’s court, and the plaintiffs'complained that the defendant owed them ninety-one dollars for rents received by him from the lands of the feme plaintiff. The defendant denied the allegation. It appears that one Harrison was tenant for life of certain lands in-Jones county, and that the feme plaintiff was entitled to the remainder in fee therein;, that Harrison in his life-time leased the land to a tenant for the year 1881, reserving certain rent in kind of the crops to be…
1Opinion of the CourtMerrimoN, J.
In this case, the lease executed by the-owner of the. life estate in the lands terminated upon his death, because he could not let the lands for a longer term than the period of his own life. He could not lease that which did not belong, to him. Upon his death, the estate of the remainderman at once' began, and a lease made by him terminated.
The statute, (The Cooe, § 1749) however, continues the lease in lieu of emblements in such a case, to the extent of occupancy on the part of the tenant until the end of the lease-year current at the time of the death that terminated it, to the end that he…
2Cited by7 opinions
- Tatom v. . WhiteSupreme Court of North Carolina · 1886
- Collins v. . BassSupreme Court of North Carolina · 1929
- Matlack v. KlineSupreme Court of Missouri · 1919
- Hayes v. . WrennSupreme Court of North Carolina · 1911
- Wells v. Planters National Bank & Trust Co.Supreme Court of North Carolina · 1965
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