McNeill v. . Thomas

The action is prosecuted against the defendant Thomas, administrator. He caused the land to be sold and holds it in trust under the deed executed by A. A. McDonald as trustee. Notwithstanding his answers to the two complaints the defendant filed a formal demurrer, and on the argument here demurred ore tenus, on the ground that neither the original nor the amended complaint states a cause of action. The answers do not waive the demurrer ore terms; a party may demur at any stage of the trial for failure to allege a cause of action. Cole v. Wagner, 197 N. C., 692; Key v. Chair Co., 199 N. C.,…