Surry's case

Circuit Court of North Carolina

Surry's case

1 N.C. 264

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

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 264 (Surry's case) 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

Surry's case, 1 N.C. 264 (circtnc 1793).

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Opinion

BARKSDALE: "During the term” shall be taken for the whole term; quia indefinitum universali æquipollet, and the subsequent words to the lessor and his assigns, do not abridge it. When there is a repugnancy between words, the law regards those first spoken. 2 E. 2. Feoffment. [265]*265So that it seems that if one leases land, rendering annually during the term £. 10 to the lessor for 2o years, this, nevertheless, is a good reservation, during the whole term. So in 5 Rep. 19. Lease to two, habend. jointly and severally: they are joint tenants. For the first words have the preeminence. Likewise in cases of reservation, Com. 171. 5 Rep. 111. 29 H. 8. 19, where it was said by Audley, if one makes a lease of a house reserving his dwelling, the reservation determines on his death. Aliter, if he had reserved it during the term. Palm. 481. Bendl. 182. 3 Cr. 288.

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BARKSDALE: "During the term” shall be taken for the whole term; quia indefinitum universali æquipollet, and the subsequent words to the lessor and his assigns, do not abridge it. When there is a repugnancy between words, the law regards those first spoken. 2 E. 2. Feoffment. [265]*265So that it seems that if one leases land, rendering annually during the term £. 10 to the lessor for 2o years, this, nevertheless, is a good reservation, during the whole term. So in 5 Rep. 19. Lease to two, habend. jointly and severally: they are joint tenants. For the first words have the preeminence. Likewise in cases of reservation, Com. 171. 5 Rep. 111. 29 H. 8. 19, where it was said by Audley, if one makes a lease of a house reserving his dwelling, the reservation determines on his death. Aliter, if he had reserved it during the term. Palm. 481. Bendl. 182. 3 Cr. 288.

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Bluebook (online)

1 N.C. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surrys-case-circtnc-1793.