WACHOVIA BANK & TRUST CO. v. RUBISH

No. 8014DC571.

275 S.E.2d 494 (1981)

WACHOVIA BANK AND TRUST COMPANY, N.A., Executor and Trustee under the Will of William Elmo Baker v. Mike RUBISH.

Court of Appeals of North Carolina.

February 17, 1981.


Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Murray, Bryson & Kennon by Robert B. Glenn, Jr., Durham, for plaintiff-appellant.

Claude V. Jones, Durham, for defendant-appellee.


ARNOLD, Judge.

The trial judge acted in accordance with the law when he denied plaintiff's motions for a directed verdict and judgment notwithstanding the verdict. In an ejectment action, plaintiff must establish the landlord-tenant relationship between plaintiff and defendant, and that defendant is holding over after the expiration of the term set out in the lease. N.C. G.S. 42-26(1). Defendant's averments that the lease had been renewed for an additional term, and...

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