Supreme Court of North Carolina December 5, 1860 (Doe on the Demise of Foust v. Trice)

Battle, J.

It is stated in the bill of exceptions, that on the trial of the case, the lessor of the plaintiff did not show any title in himself, but put his right to recover the land sued for, upon the ground that James Pender, the tenant in possession, was his tenant, and that the defendants had been admitted to defend the suit as landlords, and of course were bound by the estoppel.