111 S.E. 1 | N.C. | 1922
This was a summary proceeding in ejectment, commenced in the court of a justice of the peace, and tried de novo on appeal to the Superior Court of Wake County. From the judgment of the latter court the case comes to us for review.
The tenancy and the expiration of the term are both admitted (C. S. 2365); but defendant refuses to vacate the premises upon the ground that, although having taken possession under a lease, she has now acquired an outstanding claim to the property superior to the plaintiff's right and superior to her original landlord's title. It has been the uniform holding with us that where the relation of landlord and tenant exists, and the latter takes possession of the demised premises under a lease from the former, the tenant will not be permitted to dispute the title of the landlord, either by setting up an adverse claim to the property or by undertaking to show that it rightfully belongs to a third person, during the continuance of such tenancy. Clapp v. Coble,
We may add, however, that this principle does not go to the extent of denying to the tenant the right to dispute the derivative title of one claiming under the landlord. Hargrove v. Cox,
Upon the instant record we have found no error, and the judgment of the Superior Court must be upheld.
No error.
Cited: Austin v. Crisp,