Rose's Stores, Inc. v. Tarrytown Center, Inc.

Defendants made a motion for change of venue as a matter of right, by virtue of G.S. 1-76, before time for answering expired. The motion was made in apt time. G.S. 1-83; Casstevens v. Membership Corp., 254 N.C. 746, 120 S.E. 2d 94.

The pertinent portion of G.S. 1-76 reads:

“Where subject of action situated. — Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law:

1. Recovery of real property, or of an estate or interest therein,…