McLean v. . Bank

Supreme Court of North Carolina

McLean v. . Bank

139 S.E. 601, 194 N.C. 797, 1927 N.C. LEXIS 230

DecidedOctober 12, 1927

StatusPublished

This text of 139 S.E. 601 (McLean v. . Bank) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLean v. . Bank, 139 S.E. 601, 194 N.C. 797, 1927 N.C. LEXIS 230 (N.C. 1927).

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Opinion

Civil action to restrain the sale of a tract of land in Harnett County until the claims of mortgagees, judgment creditors and the plaintiff, who alleges that he has a contract to buy said land, can be determined and adjudicated.

From a judgment overruling a demurrer interposed by the State Bank of McBee upon the ground (1) that the complaint does not state facts sufficient to constitute a cause of action against said defendant, and (2) that there is a misjoinder both of parties and causes of action, the said demurring defendant appeals, assigning error. Without detailing the allegations of the complaint, which are quite lengthy, we are convinced from a perusal of the record, that the demurrer was properly overruled on both grounds.

Affirmed. *Page 798

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Civil action to restrain the sale of a tract of land in Harnett County until the claims of mortgagees, judgment creditors and the plaintiff, who alleges that he has a contract to buy said land, can be determined and adjudicated.

From a judgment overruling a demurrer interposed by the State Bank of McBee upon the ground (1) that the complaint does not state facts sufficient to constitute a cause of action against said defendant, and (2) that there is a misjoinder both of parties and causes of action, the said demurring defendant appeals, assigning error. Without detailing the allegations of the complaint, which are quite lengthy, we are convinced from a perusal of the record, that the demurrer was properly overruled on both grounds.

Affirmed. *Page 798

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Bluebook (online)

139 S.E. 601, 194 N.C. 797, 1927 N.C. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclean-v-bank-nc-1927.