Supreme Court of North Carolina, 1939

Maynard v. . Holder

Maynard v. . Holder
Supreme Court of North Carolina · Decided November 22, 1939 · PER CURIAM.
5 S.E.2d 535; 216 N.C. 524; 1939 N.C. LEXIS 33 (South Eastern Reporter, Second Series)

Maynard v. . Holder

Opinion of the Court

Per Curiam.

It is prescribed by C. S., 1743: β€œAn 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.”

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.