Penland v. Red Hill Methodist Church

The appellant insists he had the right to institute this action in Yancey County and to have the case tried there, notwithstanding the fact that the lien he seeks to foreclose was filed in Mitchell County, where the land lay. He is relying upon Sugg v. Pollard, 184 N. C., 494, 115 S. E., 153. There the action was brought in Lee County and the lien had been filed in Pitt County. However, it will be noted that in that case there was no motion for removal to Pitt County. The ’defendant was duly served with summons, filed an answer, and participated in the trial in Lee County. The validity of the…