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1 N.C. 146

Abdee's case

Decided July 1, 1793

TENANT in fee granted a rent for life, and made a lease for years of the land: the grantee supposing that he had lost the deed, and that it had fallen into the hands of the lessee, sued him for the rent.

Decided 1793-07-01

Crew, C. J.

¶1concurred. It is an encroachment on the court of Chancery, to give remedy when the deed is lost.

¶2Per totam curiam. A suit may be brought there for the deeds; bur not for the rent or annuity.

¶3Doderidge, J. I knew a bill thrown out of court brought by the devisee of a rent seck. M. 3 Car. B. A. Miller sued in the Court of Requests, because he had lost his bond: and a prohibition was granted, although it was said at the bar, that the grantee of the rent seck, who had lost his bond, was relieved in Chancery.

¶4Jones, J. There is a great difference between the court of Chancery and that of Requests. C. L. 147.

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