Casstevens v. Wilkes Telephone Membership Corp.

G.S. 1-76, subsections 1 and 3, read: “Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law: 1. Recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property. ... 3. Foreclosure of a mortgage of real property.”

Defendant’s written motion for change of venue as a matter of right, by virtue of G.S. 1-76, subsections 1 and 3,…