JAYNES v. LAWING

No. 7129DC664.

184 S.E.2d 373 (1971)

12 N.C. App. 682

Edgar N. JAYNES and wife, Nell Lee Jaynes v. Ernest LAWING and wife, Jennie Lee Lawing.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Prince, Youngblood, Massagee & Groce by Kenneth R. Youngblood and Edwin R. Groce, Hendersonville, for plaintiff appellants.

Bennett, Kelly & Long, by E. Glenn Kelly, Asheville, for defendant appellees.


MALLARD, Chief Judge.

Plaintiffs seek to recover possession of certain real estate from defendants. Plaintiffs allege in their complaint, which was filed 7 November 1966, that defendants entered into possession thereof on 9 March 1964 under a lease agreement. It is not alleged that any installment of rent was unpaid or that the defendants have breached any of the provisions of the lease. It is alleged, however, that "said lease in paragraph (i) granted to the Defendants...

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