Legal Opinion · Concurrence

McIver v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided November 19, 1913PublishedCited by 3 opinions

Appeal by plaintiff from Bragaui, J., at March Term, 1913, of Lee. Summary proceeding in ejectment under the landlord and tenant act, Eevisal, sec. 2001, etc. At the conclusion of the evidence, the court held that the title to land was in controversy, and that the justice of the peace had no jurisdiction under the landlord and tenant act, and dismissed the proceeding. Plaintiff excepted and appealed.

1ConcurrenceClark, C. J.

Summary proceedings in ejectment under the landlord and tenant act, Revisal, sec. 2001, etc.

At the conclusion of the evidence, the court held that the title to land was in controversy, and that the justice of the peace had no jurisdiction under the landlord and tenant act, and dismissed the proceeding. Plaintiff excepted and appealed. The summary remedy in ejectment provided by the statute for the ousting of tenants who hold over after the expiration of the term is restricted to cases where the relation between the parties is that of landlord and tenant. Hauser v. Morrison, 146 N.C. 248;…

2Cases cited4 opinions

  1. Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
  2. Hauser v. . MorrisonSupreme Court of North Carolina · 1907
  3. McDonald v. . IngramSupreme Court of North Carolina · 1899
  4. Hughes v. . MasonSupreme Court of North Carolina · 1881

3Cited by3 opinions

  1. Simons v. . LebrunSupreme Court of North Carolina · 1941
  2. Hargrove v. CoxSupreme Court of North Carolina · 1920
  3. Hargrove v. . CoxSupreme Court of North Carolina · 1920

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