Byrd v. . Bazemore

Citations

• 28 S.E. 965
• 122 N.C. 115
• 1898 N.C. LEXIS 206

Syllabus

<p>Action for Trespass — Landlord and Tenant — Injunction —Practice—Appeal—Case on Appeal — Exceptions—■ Waiver.</p> <p>1. The transcript of a record in another action, not in evidence on the trial of the cabse in which the appeal was taken, cannot be allowed as evidence or considered on the hearing of the appeal.</p> <p>2. Where an appellant, whose case on appeal was excepted to by the ap-pellee in an irregular manner, submitted the matter to the Judge for settlement, the defects in the appellee’s exceptions were thereby waived.</p> <p>.3. In the trial of an action for trespass upon the plaintiff’s possession, it appeared that the owner of land placed the plaintiff in possession under a verbal agreement that the plaintiff should take care, of such owner so long as he should live; and that, plaintiff having cultivated only a portion of the land the first year, the owner leased a portion to others for the. second year, whereupon plaintiff brought his action against the owner and his lessees for damages and sued out an injunction to restrain them from trespassing on his possession, alleging the insolvency of such lessees, but not of the owner. It also appeared that the plaintiff was indebted to the owner for money borrowed, and that he was insolvent. Held, that there was no ground for issuing an injunction.</p>