Little v. . Little

The defendants, having filed an answer to the merits, waived a defective statement of a good cause of action; that is to say, a demurrer ore tenus is not available after answer to the merits, merely for the reason that a good cause of action bas been defectively stated. Mizzell v. Ruffin, 118 N. C., 69, 23 S. E., 927; North Carolina Practice & Procedure by McIntosh, p. 454. Consequently, it becomes necessary to interpret the complaint. The deeds are not contained in the record, and there is no evidence of consideration except the allegation in the complaint that they recited a consideration…