Davis v. . Davis
Supreme Court of North Carolina
Summary Proceeding in Ejectment, instituted before a justice of the peace, and tried on appeal at Spring Term, 1880, of Halifax Superior Court, before Qudger, J. The plaintiff claimed to have leased the land in question to the defendant on the first of January, 1879, for a term ending on the 31st of December of ’that year, and alleged that defendant had refused to surrender possession after the expiration of said term.
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Summary Proceeding in Ejectment, instituted before a justice of the peace, and tried on appeal at Spring Term, 1880, of Halifax Superior Court, before Qudger, J. The plaintiff claimed to have leased the land in question to the defendant on the first of January, 1879, for a term ending on the 31st of December of ’that year, and alleged that defendant had refused to surrender possession after the expiration of said term. The plaintiff testified on cross-examination that one Edwin Schenck, of Baltimore, held a title to the land, but that he (plaintiff) had a written agreement of Schenck to hold…
1Opinion of the CourtSmith, C. J.
The defendant entered into possession of the land under a contract of lease from the plaintiff for the year 1879, and refuses to surrender at the expiration of his term. No defence is set up by the defendant, but the recovery is resisted by one Edwin Sclienck, a stranger to the action, on the' allegation contained in the affidavit of bis agent, that he is the legal owner of the land, and has himself leased it to the defendant for the present year., and seeks to protect his occupancy from disturbance. The jury negative this claim and say no such contract was entered into. After verdict, the…
2Cases cited7 opinions
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- Von Glahn v. . DerossettSupreme Court of North Carolina · 1877
- Rollins v. . RollinsSupreme Court of North Carolina · 1877
- Forsythe v. . BullockSupreme Court of North Carolina · 1876
- Foster v. . PenrySupreme Court of North Carolina · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Lawrence v. . EllerSupreme Court of North Carolina · 1915
14 more not listed; retrieve them via the Exa API.