McGURK v. MOORE

No. 110.

67 S.E.2d 53 (1951)

234 N.C. 248

McGURK v. MOORE et ux.

Supreme Court of North Carolina.

October 10, 1951.


Attorney(s) appearing for the Case

Sanford W. Brown and William V. Burrow, Asheville, for plaintiff, appellant.

No counsel contra.


ERVIN, Justice.

Under the statute, a notice of lis pendens can be filed against real property only in an action affecting its title. G.S. § 1-116. The appeal, therefore, presents this primary question: Does the complaint state a cause of action affecting the title to the land held by the defendants as tenants by the entirety?

In passing on this inquiry, we accept as true the factual averments of the complaint. We are not bound, however, by the legal conclusions...

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