Maynard v. . Holder
Supreme Court of North Carolina
Maynard v. . Holder, 5 S.E.2d 535 (N.C. 1939)
216 N.C. 524; 1939 N.C. LEXIS 33
PER CURIAM.
Maynard v. . Holder
Opinion of the Court
It is prescribed by C. S., 1743: βAn action may be brought by any person against another who claims an estate or interest in real property adverse to him for the purpose of determining such adverse claims.β
Giving a liberal construction to this remedial statute, it is apparent that the court below was in error in dismissing this action. The pleadings were sufficient to raise an issue under which the court could proceed to determine the rights of the parties. Satterwhite v. Gallagher, 173 N. C., 525, 92 S. E., 369; Hardware Co. v. Cotton Co., 188 N. C., 442, 124 S. E., 756.
Reversed.
Reference
- Full Case Name
- HENRY MAYNARD and Wife, DESSIE MAYNARD, v. GENEVA MARTIN HOLDER, Widow; GRACIE HOLDER JONES and ROBERT JONES, Her Husband; CLOIE HOLDER WALL and DUTCH WALL, Her Husband; BERDIE HOLDER WALL and ROSCOE WALL, Her Husband; VALLIE HOLDER HODGE and ARTHUR HODGE, Her Husband; And NANNIE HOLDER JACKSON and ALVESTA J. JACKSON, Her Husband
- Cited By
- 2 cases
- Status
- Published