Smith v. Wayt

Circuit Court of North Carolina

Smith v. Wayt

1 N.C. 197

U.S. Circuit Court for the District of North Carolina·Decided July 1, 1793·Published

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.

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

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