McGurk v. Moore

Under tbe statute, a notice of Us pendens can be filed against real property only in an action affecting its title. G.S. 1-116. Tbe appeal, therefore, presents this primary question: Does tbe complaint state a cause of action affecting tbe title to tbe land beld by tbe defendants as tenants by tbe entirety?

In passing on this inquiry, we accept as true the factual averments of tbe complaint. We are not bound, however, by the legal conclusions of the pleader.

When one partner wrongfully takes partnership funds and uses them to buy or improve property, his co-partners may obtain redress in one of…