Armstrong Ex Rel. Martin v. Armstrong

As testamentary trustee for Hettie George, tbe defendant, pending division thereof, is a tenant in common of tbe 38% acre tract of land claimed by movant and is in possession thereof. She cannot be dispossessed in tbe manner here attempted. Tbe movant’s proper remedy is by an action in ejectment.

An injunction is available in proper instances to preserve tbe status quo and protect tbe parties from irreparable injury pending tbe final determination of tbe action. Jackson v. Jernigan, 216 N.C. 401, 5 S.E. 2d 143; Young v. Pittman, 224 N.C. 175, 29 S.E. 2d 551. But it will not lie when there is a…