Toler v. . French

The question: Did the court err in sustaining the demurrer? We so hold.

While in the present case defendant designated his further pleading as a “Cross Action,” it is nothing more than a further defense. “The allegation of the defective title is a matter of defense and not of counterclaim.” Ba nk v. Loughran, 122 N. C., 668, 30 S. E., 17; C. S., 543; Hughes v. McNider, 90 N. C., 248; Fitzgerald v. Shelton, 95 N. C., 519.

“As to matter set up as defense the usual ground of demurrer is its insufficiency, and this may be taken by a formal demurrer or demurrer ore ienus.” McIntosh, 507, sec. 475.

“Th…