Smith v. Wayt

Circuit Court of North Carolina

Smith v. Wayt

1 N.C. 197

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 197 (Smith v. Wayt) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Wayt, 1 N.C. 197 (circtnc 1793).

Pincite

Opinion

Jones, J.

Where debt is brought on a lease for years, on the contract, it may be brought any where. But where it is brought on the privity of the estate, as here, it ought only to be brought where the land is. It has been so adjudged both in the K. B. and C. B. Trethorn and Cleebrook’s case. Let the plaintiff pay costs, and then per favorem cnræ he may amend his declaration. Godb. 385. vin. 26, 69. Hut. 68. Jones 44. Postea, p. 271.

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Jones, J.

Where debt is brought on a lease for years, on the contract, it may be brought any where. But where it is brought on the privity of the estate, as here, it ought only to be brought where the land is. It has been so adjudged both in the K. B. and C. B. Trethorn and Cleebrook’s case. Let the plaintiff pay costs, and then per favorem cnræ he may amend his declaration. Godb. 385. vin. 26, 69. Hut. 68. Jones 44. Postea, p. 271.

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Bluebook (online)

1 N.C. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-wayt-circtnc-1793.