Sparks v. Sparks

The order allowing plaintiff to amend bis complaint was authorized by G.S. 1-163 conferring upon courts the discretionary power to permit amendment of pleadings at any stage of a trial, even after final judgment, unless the amendment effects a substantial change in the claim or defense.

Manifestly, the complaint as amended states but one cause of action, i.e., a cause of action to quiet title to the locus in quo and to remove an adverse claim as a cloud thereon. G.S. 41-10; McIntosh: North Carolina Practice and Procedure in Civil Cases, sections 986-987; 51 C.J., Quieting Title, sections…