{
  "id": 11273784,
  "name": "DEN ON DEM OF JOHN BANNER & AL. vs. JOHN CARR",
  "name_abbreviation": "Den on Dem of Banner v. Carr",
  "decision_date": "1850-06",
  "docket_number": "",
  "first_page": "45",
  "last_page": "46",
  "citations": [
    {
      "type": "nominative",
      "cite": "11 Ired. 45"
    },
    {
      "type": "official",
      "cite": "33 N.C. 45"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "2 Dev. 318",
      "category": "reporters:state",
      "reporter": "Dev.",
      "case_ids": [
        11276941
      ],
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      "case_paths": [
        "/nc/13/0318-01"
      ]
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    {
      "cite": "2 Dev. 318",
      "category": "reporters:state",
      "reporter": "Dev.",
      "case_ids": [
        11276941
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/13/0318-01"
      ]
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  "last_updated": "2023-07-14T20:44:04.070595+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DEN ON DEM OF JOHN BANNER & AL. vs. JOHN CARR."
    ],
    "opinions": [
      {
        "text": "PearsoN, J.\nThis was an action of ejectment.\nThe declaration has but one count, which alleges that a joint and several demise was made on the 11th April 1845, by John Banner, Nathaniel Moody, John Martin and Fleming Priddy, to the plaintiff, for the term of ten years from them next ensuing, &c. Upon the trial, it appeared, that one of the lessors had no title. Whereupon his Honor intimated the opinion, that the plaintiff could not recover, and a non-suit was submitted to.\nHoyle et al v. Stowe, 2 Dev. 318, which is cited and approved in Bronson v. Paynter, 4 Dev. and Bat. 393, is in point and fully sustains the opinion of his Honor. It is there held, if one of the lessors in a joint demise has no title, the plaintiff cannot recover, \u201cfor there is neither a joint right to convey the land, nor a joint right to possess it, or to let the possession,\u201d\nThe plaintiff alleges a joint title in his lessors. The jury cannot separate the title and find for the plaintiff a* gainst his own allegation. So one, who has no title, would be let into possession with the other lessors.\nThe allegation, that the demise was made by the four lessors severally as well as jointly, does not obviate this objection, and makes the matter worse, for the pleading is faulty, for uncertainty, which is ground for demurrer. A party must always set out his title, and when he claims a particular estate (one less than a fee simple,) he must show when it began, how it is derived, 'and its limit or quantity of interest. As it is expressed in the books of pleading, \u201cthe commencement of every particular estate must be set out.\u201d Stephen\u2019s pleading 306: Coke on Littleton, ch. 3. 3 b.\nThis plaintiff derives his title under a lease from four lessors. It is left uncertain, whether the lease was made by them jointly or severally. The inference is that it was made jointly, and, at the same lime, severally. This, it seems to us, involves an absurdity. At all events it is too uncertain to be allowed in good pleading.\nIt is said, that the action of ejectment is a creature of the Courts, contrived to effect the ends of justice. That is true, but it docs not furnish a reason for allowing \u201cthis creature\u201d to do violence to the rules of pleading.\nPer Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "PearsoN, J."
      }
    ],
    "attorneys": [
      "Morehead and Kerr, for the plaintiff.",
      "Iredell, for the defendant."
    ],
    "corrections": "",
    "head_matter": "DEN ON DEM OF JOHN BANNER & AL. vs. JOHN CARR.\nIn an action of ejectment, \u25a0where the plaintiff declaros, in a single count, upon the joint and several demise of different persons, he must be non-suited,\nThe cases of Hoyle v. Stowe, 2 Dev. 318, and Bronson v. Paynler, 4 Dev. \u00a7- Bat. 393, cited and approved.\nAppeal from the Superior Court of Law of Stokes County, at the Spring Term 1850, Iiis Honor, Judge Battle, presiding.\nMorehead and Kerr, for the plaintiff.\nIredell, for the defendant."
  },
  "file_name": "0045-01",
  "first_page_order": 65,
  "last_page_order": 66
}