Scott Poultry Company v. Bryan Oil Company

Initially, we must decide whether this is an action to remove cloud upon title or a suit in ejectment, in order to determine the defenses available to defendant.

In the case of Hayes v. Ricard, 244 N.C. 313, 93 S.E. 2d 540, the plaintiffs alleged that they were the owners of the land in controversy; that defendant claimed under a void conveyance and was in wrongful possession. Plaintiffs asked to be declared the owners, the conveyance to defendant be canceled, and that defendant be ousted. The defendant denied plaintiffs’ claim of ownership and alleged title in itself. The Court, deciding that…