Legal Opinion

NEWMAN MACHINE COMPANY v. Newman

Court of Appeals of North Carolina

Decided November 26, 1968No. 6818SC338PublishedCited by 14 opinions

1Opinion of the CourtMallard, C.J.

Defendant asserts in his brief that the question presented by this record is: “Did the Court below err in overruling the Demurrer based upon the grounds that the complaint does not state a proper .action for removing a cloud on title or for declaratory relief and that there is a defect of parties?”

We are of the opinion and so decide that the complaint does not -allege a cause of action for removing a cloud on title to personal property. See decision in the companion case, William M. York, Jr., -and Frank W. York v. George F. Newman, Jr., Trustee, filed by this Court on 9 October 1968 for a…

2Cases cited2 opinions

  1. Lide v. MearsSupreme Court of North Carolina · 1949
  2. Town of Tryon v. Duke Power Co.Supreme Court of North Carolina · 1942

3Cited by14 opinions

  1. Gaston Board of Realtors, Inc. v. HarrisonSupreme Court of North Carolina · 1984
  2. Pilot Title Insurance Co. v. Northwestern BankCourt of Appeals of North Carolina · 1971
  3. McCabe v. DawkinsCourt of Appeals of North Carolina · 1990
  4. Ramsey v. Interstate Insurors, Inc.Court of Appeals of North Carolina · 1988
  5. North Carolina Life & Accident & Health Insurance Guaranty Ass'n v. Underwriters National Assurance Co.Court of Appeals of North Carolina · 1980

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