Jones v. Warren

The complaint contains the usual and essential allegations in an action of ejectment: that plaintiff owns the described land in fee; that he.is presently entitled to its possession; and that defendant who is in possession wrongfully withheld from- plaintiff to his specified damage. 1 McIntosh, N. C. Practice and Procedure § 1065 (2d Ed. 1956). Defendants concede that it states a cause of action in ejectment. Had defendants’ motion been a demurrer to the complaint it must necessarily have been overruled. G.S. 1-127; McIntosh, supra § 1194. It was not, however, a demurrer; it was, in fact, a…