Merriton's Case

Court of King's Bench

Merriton's Case

1 N.C. 749

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 749 (Merriton's Case) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merriton's Case, 1 N.C. 749 (kingsbench 1793).

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Opinion

Debt on an obligation. Two made a lease for years, by indenture, and covenanted that the lessee should not be disturbed, nor any incumbrance made by them; one of the lessors made a lease to a stranger, who disturbed, etc. The condition was to perform covenants.

CURIA [absente CREW, C. J.] It is a breach. For them shall not be taken jointly. But if either of them disturbs the lessee, the condition is broken. 2 R., 3, 12. A release to two inures in joint or several actions. Judgment for the plaintiff. Noy, 86; Poph., 200.

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Debt on an obligation. Two made a lease for years, by indenture, and covenanted that the lessee should not be disturbed, nor any incumbrance made by them; one of the lessors made a lease to a stranger, who disturbed, etc. The condition was to perform covenants.

CURIA [absente CREW, C. J.] It is a breach. For them shall not be taken jointly. But if either of them disturbs the lessee, the condition is broken. 2 R., 3, 12. A release to two inures in joint or several actions. Judgment for the plaintiff. Noy, 86; Poph., 200.

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Bluebook (online)

1 N.C. 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritons-case-kingsbench-1793.