BELCH v. PERRY

No. 172.

84 S.E.2d 186 (1954)

240 N.C. 764

Mrs. Collie D. BELCH, A. T. Belch, Jr., and Perry Hughes, Trustees; and Mrs. Collie D. Belch, A. T. Belch, Jr., Elizabeth B. Hughes, Arline B. Morris, Carol Belch, Dorothy Belch, Donald Belch, and Lewis E. Belch, Individually, v. L. D. PERRY and J. A. Pritchett, Trustee.

Supreme Court of North Carolina.

October 20, 1954.


Attorney(s) appearing for the Case

Marvin P. Wilson, Edenton, John H. Hall, Elizabeth City, for plaintiffs appellants.

Pritchett & Cooke, Windsor, for defendants appellees.


WINBORNE, Justice.

Did the trial court err in sustaining the demurrer to the complaint for failure to state a cause of action? This is the sole question presented on this appeal.

In this connection, "The office of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of the allegations of fact contained therein, and ordinarily relevant inferences of fact, necessarily deducible therefrom, are also admitted," Stacy, C. J...

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