Argot v. Cheney, 1 N.C. 71, 1 Mart. 71 (1793)

1793 · United States Circuit Court for the District of North Carolina
1 N.C. 71, 1 Mart. 71

Lady Argot vs. Cheney.

Pasch. 1. Car.

IN ejectione firmæ, in evidence to the jury: there were three several parcels of land lying in one county, and Lady Argot having right thereto, (as she supposed) leased them to the plaintiffs, who brought the action, and the land was in the hands of three several lessees of Cheney. Lady Argot made a lease and delivered it as an escrow to I. S. and made a letter of attorney to him, to enter on the premises in her name and deliver the deed to the lessees as her deed. It appeared he entered on one of the lessees in the name of all the parcels.

Jones, J.

It seems well: for if the frank tenements be in one, although there be several lessees for years; entry on an acre, in the namer of the whole is well.

Bridgeman. Still he ought to prove the entry of the lessees in all the parcels.

But at last they were able to prove the entry of the attorney, and the lessees in all the parcels. Postea, p. 82. Palm. 402, 405, Noy 77.