Boone v. Pritchett

This action is in substance one in ejectment. The same controversy was before us at the Spring Term 1963 when plaintiffs appealed from a judgment sustaining a similar demurrer to a substantially identical complaint. We held then that the 1878 deed from Griffin to Walton was void for vagueness and uncertainty of description and that plaintiffs could base no claim upon it. The judgment sustaining the demurrer was affirmed with permission to plaintiffs to amend. Boone v. Pritchett, 259 N.C. 226, 130 S.E. 2d 288. Instead of amending, plaintiffs instituted a new action upon the same, albeit…