Citizens Bank of Marshall v. Gahagan

The motion of Bonnie Gahagan that she be eliminated as a defendant seems well founded and should have been allowed. Winders v. Southerland, 174 N. C., 235, 93 S. E., 726; Worth v. Trust Co., 152 N. C., 242, 67 S. E., 590. Indeed, it is not alleged in the complaint, other than inferentially perhaps, that any of the defendants ever qualified as executors under the will of Wade Gahagan, deceased.

The complaint alleges no cause of action against the defendants, individually. Hence, the demurrer thus interposed should have been sustained.

Nor is it thought that sufficient facts are stated to…