Wm. McCombs v. . Albert Wallace
Supreme Court of North Carolina
This was a proceeding to recover possession of land, commenced by the plaintiff before A. EL Martin, Esq., a Justice of the Peace, brought' by appeal to the Superior Court Jof Mecklenburg county and heard before His Honor Judge Moore, at July Special Term, 1871. The allegation of the plaintiffs, admitted to be true, was, that the defendant had executed a deed in trust to the plaintiff Williams providing for a sale of the land if debts were not paid by a day named therein,…
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This was a proceeding to recover possession of land, commenced by the plaintiff before A. EL Martin, Esq., a Justice of the Peace, brought' by appeal to the Superior Court Jof Mecklenburg county and heard before His Honor Judge Moore, at July Special Term, 1871. The allegation of the plaintiffs, admitted to be true, was, that the defendant had executed a deed in trust to the plaintiff Williams providing for a sale of the land if debts were not paid by a day named therein, and also providing as follows: “It is further the understanding and agreement of the parties, that the said party of the…
1Opinion of the CourtRodman, J.
The question in this case is not whether the the defendant is a tenant of the plaintiff, in any sense of that word ; but whether lie is such a tenant as is embraced within the Landlord and,Tenant, Act 1868-69, ch. 156, p. 855. Sec. 19, of that Act says :
“Any tenant or lessee of any house or land, and the assigns under tenants or legal representatives or legal representatives ■of such tenants who shall hold over, and continue in the possession of the demised premise, or any part thereof, without permission of the landlord, and after demand made for its surrender, may be removed from such…
2Cases cited1 opinion
- Jones v. . HillSupreme Court of North Carolina · 1870
3Cited by22 opinions
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
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