Lahiffe v. Smart
This text of 17 S.C.L. 192 (Lahiffe v. Smart) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court.
The opinion of the presiding Judge in this case is in conformity with the early decisions of our Courts, and with the prac[193]*193tice under those decisions for at least five and twenty years. See 1N.&M. 298. The correctness of the rule may be questionable; but this Court does not feel at liberty to innovate on a rule of law, which has long been regarded as settled, and has been acted on for a great length of time. I do not know that our Courts have permitted the rights of co-tenants to be saved by any other disability than that of infancy. The question in relation to all other cases is still open for consideration: but as this is a case of infancy, it comes within the rule, and the motion must therefore be refused.
Motion refused.
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17 S.C.L. 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lahiffe-v-smart-ncctapp-1829.