Sample v. Towe Motor Co., Inc.
| Decision Date | 20 November 1974 |
| Docket Number | No. 741DC596,741DC596 |
| Citation | 23 N.C.App. 742,209 S.E.2d 524 |
| Parties | M. B. SAMPLE and Gertrude Y. Sample v. TOWN MOTOR COMPANY, INC. |
| Court | North Carolina Court of Appeals |
Twiford, Abbott & Seawell by Christopher L. Seawell, Manteo, for plaintiff appellee.
Walter G. Edwards, Hertford, White, Hall, Mullen & Brumsey by Gerald F. White, Elizabeth City, for defendant appellant.
Actions for the recovery of real property, or of an estate or interest therein, or for the determination in any form of such rights or interest must be brought in the county in which some part of the subject of the action is located. G.S. § 1--76.
Plaintiffs alleged that they leased real estate, located in Pasquotank County, to defendant for a term of five years and that the lease was extended for an additional five-year term on 10 August 1972. Plaintiffs alleged defendant had breached the lease by (1) failing to make improvements to the premises and (2) by subleasing the premises. Plaintiffs alleged that they had notified defendant that it had breached the lease and requested defendant to vacate the premises. Plaintiffs asked the Court to order the lease terminated and enter a money judgment for damages.
The lease in question vested defendant with 'an estate or interest' in real property. The action seeks to terminate that interest and will require the Court to determine the respective rights of the parties with respect to the leasehold interest. The order denying defendant's motion for a change of venue is reversed.
Reversed.
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Fox Holdings, Inc. v. WHEATLY OIL CO., INC.
...a sublease is "an estate or interest" in real property. See Snow v. Yates, 99 N.C.App. 317, 392 S.E.2d 767 (1990); Sample v. Motor Co., 23 N.C.App. 742, 209 S.E.2d 524 (1974). It appears to this Court that the "principal object" of plaintiff's complaint is to have the Asset Purchase Agreeme......
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Branch Banking & Trust Co. v. Harrelson Bldg., LLC
...has long held that the termination of an existing lease affects an “estate or interest” in real property.2 Sample v. Towe Motor Co.,23 N.C.App. 742, 743, 209 S.E.2d 524, 525 (1974) This Court has also held that N.C. Gen.Stat. § 1–76 controls venue when the parties seek to declare the nonexi......
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Rose's Stores, Inc. v. Bradley Lumber Co., Inc.
...termination of leasehold interest and, therefore, venue was governed by N.C.G.S. § 1-76(1)); see also Sample v. Towe Motor Company, Inc., 23 N.C.App. 742, 209 S.E.2d 524 (1974). Under existing case law in personam actions, such as plaintiff's action for Rule 11 sanctions and damages under N......
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Kirkland's Stores, Inc. v. Cleveland Gastonia, LLC
...this Court has previously held that a party to a leasehold has “an estate or interest in real property.” Sample v. Towe Motor Co., 23 N.C.App. 742, 743, 209 S.E.2d 524, 525 (1974) (quotation marks omitted). “When a party brings an action that seeks to terminate [a vested estate or interest ......