Opinion
(July Term, 1816.)
When the lessor of the plaintiff in ejectment enters on the premises, during the pendency of the suit, he becomes liable to pay the costs of the suit.
IN this ejectment for plea since the last continuance, the defendant saith that the lessor of the plaintiff, by his agent and attorney in fact, hath possessed himself of the premises in question and maintains the possession, etc. To which the lessor of the plaintiff demurs generally. Joinder in demurrer. The question upon the demurrer is, At whose cost shall the suit be dismissed? Which is referred for decision to the Supreme Court.
The costs must necessarily be paid by the plaintiff, whose entry on the premises has destroyed the effect of his writ.
NOTE. — See Morgan v. Cone, 18 N.C. 234.
Cited: Wilson v. Pharr, 47 N.C. 452.
(416)