Scales v. Wachovia Bank & Trust Co.

The first proposition. Plea, in bar — res judicata— the judgment in tbe ejectment. This cannot be sustained.

It must be borne in mind that we are not determining the truth or falsity of the facts alleged in the complaint. The allegations of the complaint are denied by defendants in their answers. These are matters for the determination of the jury. The defendants demur 'ore tenus to the allegations of the complaint, setting forth, as required by our procedure, the specific grounds. Seawell v. Cole & Co., 194 N. C., p. 546. In such case the rule is well settled and stated in Ballinger v.…