{
  "id": 8554288,
  "name": "M. B. SAMPLE and GERTRUDE Y. SAMPLE v. TOWE MOTOR COMPANY, INC.",
  "name_abbreviation": "Sample v. Towe Motor Co.",
  "decision_date": "1974-11-20",
  "docket_number": "No. 741DC596",
  "first_page": "742",
  "last_page": "743",
  "citations": [
    {
      "type": "official",
      "cite": "23 N.C. App. 742"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.607,
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    "sha256": "9012f13a42996beb294796d95f8634f10820557127b6ad66518e86500dc26642",
    "simhash": "1:8de1d464e9800dd5",
    "word_count": 340
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  "last_updated": "2023-07-14T21:32:39.683180+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Morris concur."
    ],
    "parties": [
      "M. B. SAMPLE and GERTRUDE Y. SAMPLE v. TOWE MOTOR COMPANY, INC."
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nActions for the recovery of real property, or of an estate or interest therein, or for the determination in any form of such rights or interest must be brought in the county in which some part of the subject of the action is located. G.S. 1-76.\nPlaintiffs alleged that they leased real estate, located in Pasquotank County, to defendant for a term of five years and that the lease was extended for an additional five-year term on 10 August 1972. Plaintiffs alleged defendant had breached the lease by (1) failing to make improvements to the premises and (2) by subleasing the premises. Plaintiffs alleged that they had notified defendant that it had breached the lease and requested defendant to vacate the premises. Plaintiffs asked the Court to order the lease terminated and enter a money judgment for damages.\nThe lease in question vested defendant with \u201can estate or interest\u201d in real property. The action seeks to terminate that interest and will require the Court to determine the respective rights of the parties with respect to the leasehold interest. The order denying defendant\u2019s motion for a change of venue is reversed.\nReversed.\nJudges Campbell and Morris concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Twiford, Abbott & Seawell by Christopher L. Seawell for plaintiff appellee.",
      "Walter G. Edwards; White, Hall, Mullen & Brumsey\u2022 by Gerald F. White, attorneys for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "M. B. SAMPLE and GERTRUDE Y. SAMPLE v. TOWE MOTOR COMPANY, INC.\nNo. 741DC596\n(Filed 20 November 1974)\nVenue \u00a7 5\u2014 action involving real property \u2014 county where land located as proper venue\nAction to terminate a lease should have been brought in the county where the leased premises were located since the lease in question vested defendant with an estate or interest in real property, and the trial court erred in denying defendant\u2019s motion for a change of venue to such county. G.S. 1-76.\nAppeal by defendants from Horner, Judge, 3 June 1974 Session of District Court held in Dare County.\nDefendant appeals from the denial of his motion for a change of venue to Pasquotank County.\nTwiford, Abbott & Seawell by Christopher L. Seawell for plaintiff appellee.\nWalter G. Edwards; White, Hall, Mullen & Brumsey\u2022 by Gerald F. White, attorneys for defendant appellant."
  },
  "file_name": "0742-01",
  "first_page_order": 770,
  "last_page_order": 771
}