Citation Numbers： 66 N.C. 512
Judges： Dick
Filed Date： 1/5/1872
Status： Precedential
Modified Date： 11/11/2024
The defendant entered the premises in dispute, as a tenant from year to year of William F. McKesson, under a lease obtained before the execution of the mortgage under which the plaintiffs claim : and such tenant was entitled to six months notice to quit before the tenancy could be terminated. The plaintiffs took the estate subject to such ineum-brance, and were bound by this fixed rule of law as to notice-to quit.
The defendant after the execution of the mortgage held ;! the land for several years as the tenant of Charles F. McKes-son, a purchaser at execution sale of the legal right of redemp- ■ tion of the original lessor : and paid rent to such a new land- - lord.
*514 This attornment deprived tlie defendant of the benefit of bis original lease as to six months notice to quit. As be entered the premises lawfully, and held possession for several years with the implied consent and acquiesence of both the legal and equitable owners, be was entitled to reasonable notice to quit before he could be deprived of such possession by a civil action. 1 Saund. Pl. 465. Chitty on Con. 102. Adams’ Ej’ct 104. Butner v. Chaffin, Phil. 497, and the cases cited.
As this action was brought without giving reasonable notice to the defendant, it cannot be sustained.
There was error, and the action must be dismissed.
Per Curiam. Judgment reversed.