Smith v. . Wayt

Court of King's Bench

Smith v. . Wayt

1 N.C. 772

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 772 (Smith v. . Wayt) 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

Smith v. . Wayt, 1 N.C. 772 (kingsbench 1793).

Pincite

Opinion

Where debt is brought on a lease for years, on the contract, it may be brought anywhere. 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 curiae, he may amend his declaration. Godb., 385; vin., 26, 69; Hut., 68; Jones, 44; postea, p. 813.

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Where debt is brought on a lease for years, on the contract, it may be brought anywhere. 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 curiae, he may amend his declaration. Godb., 385; vin., 26, 69; Hut., 68; Jones, 44; postea, p. 813.

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Bluebook (online)

1 N.C. 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-wayt-kingsbench-1793.