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PEARCE v. GAY

No. 389.

139 S.E.2d 567 (1965)

263 N.C. 449

Marshall E. PEARCE and wife, Hilda P. Pearce, Plaintiffs, v. Broadus GAY and Litchford Gay, Original Defendants, and H. K. Perry, Additional Defendant, and W. H. Perry, Executor of H. K. Perry, Additional Defendant.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

John F. Matthews, Louisburg, for plaintiffs.

Gaither M. Beam, Louisburg, for defendants.

RODMAN, Justice.

A conveyance of land, which is subject to a valid and continuing lease, passes to the purchaser the right to collect the rents thereafter accruing. Rents theretofore accrued are mere choses in action. Purchaser of the land acquires no title to the past due rents. Mixon v. Coffield, 24 N.C. 301; Kornegay v. Collier, 65 N.C. 69; Rogers v. McKenzie, 65 N.C. 218; Bullard v. Johnson, 65 N.C. 436; Lancashire v. Mason, 75 N.C. 455; Jennings v. Shannon, 200...

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