Taylor v. . Hunt
Supreme Court of North Carolina
Civil ACTION, for the appointment of a receiver to collect the rents of lands leased to the plaintiff-trustee, by the defendant, J. M. B. Hunt, for the purpose of paying-certain debts therein mentioned, tried before Melver, J., and a jury, at September Term, 1895, of YaNOb Superior Court.
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Civil ACTION, for the appointment of a receiver to collect the rents of lands leased to the plaintiff-trustee, by the defendant, J. M. B. Hunt, for the purpose of paying-certain debts therein mentioned, tried before Melver, J., and a jury, at September Term, 1895, of YaNOb Superior Court. It appeared from the complaint that on October lltli, 1891, the defendants executed to the plaintiff, as trustee, a lease upon certain lands in Yance county empowering him to collect the rents and apply them to the payment of certain debts due by the defendant J. M. B. Hunt to various parties named in the…
1Opinion of the Court
Clark, J.:
The principal point at -issue in this case is-discussed and settled in Moffitt v. Maness, 102 N. C., 457. The defense set up is an attempt to contradict and vary the terms of a written contract of lease, by showing a. contemporaneous parol agreement that a certairi debt therein secured should be indulged and that if i't was not the lease was null and void. Such verbal agreement, if made, might be a defense to an independent action to collect the debt but would not nullify the lease There is no allegation that such stipulation was left out of the lease by fraud, mutual mistake or…
2Cases cited15 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- McLeod v. . BullardSupreme Court of North Carolina · 1882
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3Cited by17 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Hunsucker v. CorbittSupreme Court of North Carolina · 1924
12 more not listed; retrieve them via the Exa API.