Legal Opinion

Austin v. . Crisp

Supreme Court of North Carolina

Decided December 12, 1923Published

1Opinion of the CourtAdams, J.

Tbe seventh, eighth, and ninth exceptions involve, directly or indirectly, tbe alleged estoppel of tbe defendant to deny tbe plaintiff’s title, but in our opinion neither of them can be sustained.

It is established as a general rule of law tbat a tenant who is in tbe undisturbed possession of tbe demised premises may not dispute tbe title of bis landlord; but as tbe relation of landlord and tenant is tbe result of a contract, tbe rule is based on tbe assumption tbat such relation exists by the mutual agreement of tbe parties. Unless there is “an agreement which creates an obligation,” there is…

2Cases cited11 opinions

  1. Davis v. . DavisSupreme Court of North Carolina · 1880
  2. Schas v. Equitable Life Assurance Society of the United StatesSupreme Court of North Carolina · 1915
  3. Fulwood v. . FulwoodSupreme Court of North Carolina · 1913
  4. Shew v. . CallSupreme Court of North Carolina · 1896
  5. Buckhorn Land & Timber Co. v. YarbroughSupreme Court of North Carolina · 1920

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