Waters v. . Roberts
Supreme Court of North Carolina
Civil Actiox tried at Spring Term, 1883, of Beaufort Superior Court, before Shepherd,- J. The action was commenced before a justice of the peace, under the landlord and 'tenant act, to recover possession of certain-rooms of a house, situated in the town of Washington, from the defendant and one A. T. Waters, upon both of whom notice to quit had been served. The plaintiff recovered judgment before the justice, and Roberts alone appealed to the superior court.
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Civil Actiox tried at Spring Term, 1883, of Beaufort Superior Court, before Shepherd,- J. The action was commenced before a justice of the peace, under the landlord and 'tenant act, to recover possession of certain-rooms of a house, situated in the town of Washington, from the defendant and one A. T. Waters, upon both of whom notice to quit had been served. The plaintiff recovered judgment before the justice, and Roberts alone appealed to the superior court. The premises in question consisted of a dwelling-house, a barroom and a store. The defendant denied that he was in any sense the tenant…
1Opinion of the CourtAshe, J.
It is shown by the record that A. T. Waters claims the premises by a lease from month to month from the plaintiff, and that the defendant Roberts claims the bar-room under the said Waters. Taking these to be the facts of the case, it is an established principle that a tenant is estopped to deny the title of his landlord: and the rule extends to a tenant holding over, as well as to an under-tenant, assignee or other person claiming under the lease. Taylor on Landlord and Tenant, §705. But it was competent for Roberts, the under-tenant, to show that his lease had not expired; and for that…
2Cases cited2 opinions
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
3Cited by6 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- Board of Education v. . MakelySupreme Court of North Carolina · 1905
- J. D. Cornell Millinery Co. v. Little-Long Co.Supreme Court of North Carolina · 1929
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