Henderson v. Eller

147 N.C. 582

Opinion

Per Curiam.

Tbe court below allowed tbe motion of tbe defendant to nonsuit plaintiff upon tbe ground tbat under tbe form of tbe pleadings, taken in connection with tbe evidence, a direct action to charge the land with tbe indebtedness should have been brought, to which all necessary parties should be made. '

As no motion to amend tbe pleadings was made, bis Honor properly sustained tbe motion. Plaintiff may bring .another action within one year. Tussey v. Owen, ante, 335.

Affirmed.