ELLIOTT v. GOSS

No. 464.

108 S.E.2d 475 (1959)

250 N.C. 185

Effie ELLIOTT, Ed Elliott and Parthenia Elliott v. Julia Ann McCall GOSS, Administratrix of Sam McCall, deceased, and Individually; Maggie McCall Baldwin, Georgiana McCall Allsbrook and Henry McCall.

Supreme Court of North Carolina.

April 29, 1959.


Attorney(s) appearing for the Case

Johnson & Johnson, Aberdeen, and Barrett & Wilson, Carthage, for plaintiffs, appellants.

E. J. Burns, Carthage, for defendants, appellees.


MOORE, Justice.

The defendants set up three causes for demurrer: (1) that the complaint shows on its face that the alleged cause of action to correct and reform the deed for fraud on the part of Sam McCall is barred by the applicable statute of limitations; (2) that the complaint does not allege that plaintiffs have been in possession of the land within the twenty years immediately preceding the institution of the action; and (3) that the complaint does not state...

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