Moore County v. . Burns

The demurrer must be overruled if the complaint is good as to any one of the demurrants. That is, if any one of defendants is a necessary or proper party as to each tract -of land, the complaint is not subject to attack-by joint demurrer. Winders v. Southerland, 174 N. C., 235, 93 S. E., 726.

The joinder of II. F. Burns as a party defendant is not fatal. He is not a necessary party as to any one of the tracts. His joinder is mere surplusage and is not ground for demurrer by other defendants. Sullivan v. Field, 118 N. C., 358; Abbott v. Hancock, 123 N. C., 99; Shuford v. Yarborough, 197 N. C.,…