BOURNE v. LAY & COMPANY

No. 34.

140 S.E.2d 769 (1965)

264 N.C. 33

Francis C. BOURNE, Jr., and wife, Elizabeth A. Bourne, and Lush Ledford and wife, Hattie B. Ledford, v. LAY & COMPANY, a Tennessee Corporation.

Supreme Court of North Carolina.

March 17, 1965.


Attorney(s) appearing for the Case

Simms & Simms, Raleigh, for defendant appellant.

McKeever & Edwards, Larry Thomas Black, Murphy, for plaintiff appellees.


DENNY, Chief Justice.

This appeal poses two questions: (1) Is the plaintiffs' subsequently acquired but prior recorded deed superior to the defendant's lease? (2) Are the plaintiffs estopped from denying the validity of defendant's lease by accepting rent in accordance with its terms for a period of two years and one month?

In our opinion, the first question must be answered in the affirmative and the second in the negative.

The Connor Act provides...

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