Coward v. . Meyers
Supreme Court of North Carolina
Pleading — Demwrrer— Will — Estate—Injunction— Waste. Civil actioN, tried before Shipp, /., upon complaint and demurrer, at Spring Term, 1887, of Bektie Superior Court.
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Pleading — Demwrrer— Will — Estate—Injunction— Waste. Civil actioN, tried before Shipp, /., upon complaint and demurrer, at Spring Term, 1887, of Bektie Superior Court. George Wynne, a resident of Bertie County, in this State, in the year 1855, executed a will wherein he devises the tract of land on which he lived and described as “ the Manor plantation ” to his wife Phcebe for life, and in a subsequent clause disposes of the remainder as follows: “I give unto my daughter Nancy Wynne one tract of land whereon I now live, that I lent to my wife Phcebe Wynne her natural life, provided my…
1Opinion of the Court
Smith’ C. J.,
(after stating the case). While in a complaint several separate and distinct causes of action or counts are set out, a demurrer may be entered to one or more and answer made to others. Ransom v. McClees, 64 N. C., 17. If the complaint contains but a statement of one cause of action, the demurrer must be to it as a unity or it 'will be disregarded, and in such cases it must be sustained or overruled as a whole and not in parts. State v. Young, 65 N. C., 579.
The judgment apparently leaves undisposed of the demand for damages and for relief against their being repeated, except as it…
2Cases cited3 opinions
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- State Ex Rel. Sumner v. YoungSupreme Court of North Carolina · 1871
3Cited by12 opinions
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- Carolina Interstate Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1896
- Duke v. CampbellSupreme Court of North Carolina · 1951
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