Wilson v. . James
Supreme Court of North Carolina
PROCEEDING, under the landlord and tenant act, commenced before a Justice of the Peace, and heard on appeal at Spring Term, 1878, of New Hanover Superior Court, before Ewre, J. In 1863, the plaintiff purchased from one Bettencourt, the land now sought to be recovered, which is a lot in the city of Wilmington.
Read the full summary
PROCEEDING, under the landlord and tenant act, commenced before a Justice of the Peace, and heard on appeal at Spring Term, 1878, of New Hanover Superior Court, before Ewre, J. In 1863, the plaintiff purchased from one Bettencourt, the land now sought to be recovered, which is a lot in the city of Wilmington. At his purchase, the defendant, then a slave, ivas living on the lot; whether he was the slave of Bettencourt, or of some one else, and under whose permission he was living on the lot, do not appear. The defendant applied to the plaintff to rent the premises; plaintiff did not rent them…
1Opinion of the CourtRodmaN, J.
(After stating the case as above) The doctrine of estoppel as applied between landlord and tenant, does not arise so conclusively out of a contract, that it can not be applied to one who is incapable of binding himself by a contract. If one enter upon land by permission of another, claiming and acknowledged to be the owner, the duty to return the possession to the owner as a condition precedent to denying his title, is one which the law imposes upon principles of good faith and to prevent fraud. Its violation is essentially a tort and a fraud. The same rule applies between a bailor and bailee…
2Cases cited1 opinion
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
3Cited by7 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Stover v. DavisWest Virginia Supreme Court · 1905
- Timber Co. v. . YarbroughSupreme Court of North Carolina · 1920
- Buckhorn Land & Timber Co. v. YarbroughSupreme Court of North Carolina · 1920
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.