Gurganus v. Hedgepeth

ARNOLD, Judge.

G.S. 1-76(1) provides that where an action is for “[recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest,” the action must be tried in the county in which the property is situated. In Sample v. Towe Motor Company, Inc., 23 N.C. App. 742, 209 S.E. 2d 524 (1974), we found that this statute applied to facts much the same as those now before us. There, plaintiff lessors, alleging that defendant had breached the lease, notified defendant to vacate the premises and asked the court to order the lease terminated.…