Forsythe v. . Bullock
Supreme Court of North Carolina
Tliis was a Summary PbooeediNG- before a Justice of the Peace under the “ Landlord and Tenant Act” to get the defendant from the premises claimed by the plaintiff, heard upon appeal before his Honor Judge M>ore. at July, (Special) Term, 1875, of the Superior Court of Granville comity.
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Tliis was a Summary PbooeediNG- before a Justice of the Peace under the “ Landlord and Tenant Act” to get the defendant from the premises claimed by the plaintiff, heard upon appeal before his Honor Judge M>ore. at July, (Special) Term, 1875, of the Superior Court of Granville comity. The defendant denied that he rented the premises; and as a further defence alleged that he had executed a deed in fee simple to the plaintiff for the same; that said deed was. delivered as a mortgage, and that he had made large payments thereon. Upon this allegation the defendant moved to dismiss the proceeding,…
1Opinion of the CourtSettle, J.
A Justice of the Peace is prohibited by the Constitution from entertaining jurisdiction of any action wherein the title to real estate shall be in controversy.
This does not conflict with any of the decisions, where it has been held, that a lessor may take summary proceedings before a Justice of the Peace, to recover possession from a lersee who holds over after the expiration of his term, where there is no other relation than that of .lessor and lessee to complicate tire question, for in such cases the tenant is estop-ped to deny the landlord’s title.
But, as is said in Turner v. Love, 66 N.…
2Cases cited1 opinion
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
3Cited by14 opinions
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
- Simons v. . LebrunSupreme Court of North Carolina · 1941
- Lawrence v. . EllerSupreme Court of North Carolina · 1915
- Shew v. . CallSupreme Court of North Carolina · 1896
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