Richardson v. Richardson

DEFENDANT’S APPEAL

Defendant assigns as error the disallowance of his demurrer ore tenus to the complaint. The record does not state the ground for the demurrer ore tenus. However, defendant in his brief contends it should be sustained on two grounds: (1) plaintiff has no legal capacity to maintain the action, and (2) want of jurisdiction in the Mecklenburg County superior court.

There is no allegation or contention on this appeal, or on the former appeal, that there was any fraud or duress in the execution of the deed of separation, or that either party thereto lacked mental capacity. The…