McLaurin v. McIntyre
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, Jat June Term, 1914, of SCOTLAND. Tbis is a proceeding in summary ejectment under tbe landlord and tenant act, begun before a justice of the peace and heard on appeal in the Superior Court. In 1881 L. B. MeLaurin sold the land in controversy to the defendant for $1,000, of which $200 was paid in cash and the remainder secured by mortgage on the land.
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Appeal by plaintiff from Shaw, Jat June Term, 1914, of SCOTLAND. Tbis is a proceeding in summary ejectment under tbe landlord and tenant act, begun before a justice of the peace and heard on appeal in the Superior Court. In 1881 L. B. MeLaurin sold the land in controversy to the defendant for $1,000, of which $200 was paid in cash and the remainder secured by mortgage on the land. The defendant failed to pay the debt, and in 1894 the land was sold under foreclosure proceedings and bought by said L. B. MeLaurin, to whom a deed was regularly executed. The defendant was ousted from the land, and…
1Opinion of the CourtAllekt, J.
The right of the owner of land to recover possession before a justice of the peace against one who has entered into a rental contract, and the limitations upon the right, are clearly and accurately stated by Justice Hoke in Hauser v. Morrison, 146 N. C., 249. He says: “The authorities of this State have established the principle that the remedy by summary proceedings in ejectment given by the landlord and tenant act (Revisal, sec. 2001 et seq.), is not coextensive with the doctrine of estoppel arising, where one enters and holds land under another, but is restricted to the case expressly…
2Cases cited5 opinions
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Ijames v. . McClamrochSupreme Court of North Carolina · 1885
- State v. Wiseman.Supreme Court of North Carolina · 1902
3Cited by18 opinions
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Simons v. . LebrunSupreme Court of North Carolina · 1941
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
- Prudential Insurance Co. of America v. TottenSupreme Court of North Carolina · 1932
- Comrs. v. . SparksSupreme Court of North Carolina · 1920
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