Dean v. . Duvall

Pee Ouecam.

The defendant contends that the title to the land was in controversy, and that therefore a justice of the peace did not have jurisdiction of the action.

The pertinent statutes are C. S., 1476, 1477, and 2365.

In proceedings of summary ejectment the title to land is not raised or put in controversy by mere allegation that such controversy exists. McDonald v. Ingram, 124 N. C., 272, 32 S. E., 677; Perry v. Perry, 190 N. C., 125, 129 S. E., 147; Hauser v. Morrison, 146 N. C., 248, 59 S. E., 693; McLaurin v. McIntyre, 167 N. C., 350, 83 S. E., 627; North. Carolina Practice & Procedure,…