Pilot Real Estate Co. v. Fowler

The effect of the judgment of the Superior Court of Forsyth County was to overrule the demurrer ore tenus, which had previously been sustained by the County Court of Forsyth County.

The initial question to be considered is whether or not the demurrer should have been overruled.

A demurrer to an answer admits as true every material fact alleged in the answer to the same extent and with the same force as a demurrer to a complaint. Trust Co. v. Wilson, 182 N. C., 168.

The allegations of the answer constituting a counterclaim or cross-action are loosely drawn, but it is alleged that after the…