Elliott v. Ballentine

The appellants bring forward on this appeal two assignments of error: (1) Did the court err in holding that there was no defect of parties and causes and (2) did the court err in holding that the complaint alleged a genuine controversy under the Declaratory Judgment Act?

G.S. 1-254 provides that any person who has an interest “under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected . . .” may have any question of construction determined and obtain a declaration of rights, status, or other legal relations…