Maynard v. . Holder

5 S.E.2d 535, 216 N.C. 524, 1939 N.C. LEXIS 33

• Court: Supreme Court of North Carolina
• Decided: November 22, 1939
• Status: Published

Opinion

Per Curiam.

It is prescribed by C. S., 1743: “An action may be brought by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims.”

Giving a liberal construction to this remedial statute, it is apparent that the court below was in error in dismissing this action. The pleadings were sufficient to raise an issue under which the court could proceed to determine the rights of the parties. Satterwhite v. Gallagher, 173 N. C., 525, 92 S. E., 369; Hardware Co. v. Cotton Co., 188 N. C., 442, 124 S. E., 756.

Reversed.