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BONAVIA v. TORRESO

No. 691DC448.

171 S.E.2d 108 (1969)

7 N.C. App. 21

Diane J. BONAVIA v. Samuel R. TORRESO and Inez Torreso.

Court of Appeals of North Carolina.

December 17, 1969.

Attorney(s) appearing for the Case

Kellogg & Wheless by Dwight H. Wheless, Manteo, for plaintiff appellant.

McCown & McCown by Wallace H. Mc-Cown, Manteo, for defendant appellees.

BRITT, Judge.

In passing upon a demurrer, the court is confined to a consideration of the pleading and the legal instruments incorporated therein and may not consider any fact not appearing therein. 6 Strong, N.C. Index 2d, Pleadings, § 19, pp. 327, 328. A demurrer admits, for the purpose of testing the sufficiency of the pleading, the truth of factual averments well stated. Mc-Leod v. McLeod, 266 N.C. 144, 146...

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