Merriton's Case

Court of King's Bench

Merriton's Case

1 N.C. 749

Court of King's Bench·Decided July 5, 1793·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

1 N.C. 749 (Merriton's Case) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.