Snipes v. . Monds

Even after answering in the trial court, or in this Court, a defendant may demur ore tenus, or the Court may raise the question ex mero motu that the complaint does not state a cause of action. Garrison v. Williams, 150 N. C., 675. Construing the complaint liberally in favor of the plaintiff (Horney v. Mills, 189 N. C., 724, 728), to the end that it must be upheld unless wholly insufficient (Sexton v. Farrington, 185 N. C., 339; Blackmore v. Winders, 144 N. C., 212; Bank v. Duffy, 156 N. C., 83; Pridgen v. Pridgen, ante, 102), the demurrer must be sustained.

An executor cannot, by any contract…