Opinion
(Filed 12 October, 1927.)
APPEAL by defendant, State Bank of McBee, from Harris, J., at February, Term, 1927, of HARNETT.
Young Young for plaintiff.
Hoyle Hoyle for defendant, State Bank of McBee.
Civil action to restrain the sale of a tract of land in Harnett County until the claims of mortgagees, judgment creditors and the plaintiff, who alleges that he has a contract to buy said land, can be determined and adjudicated.
From a judgment overruling a demurrer interposed by the State Bank of McBee upon the ground (1) that the complaint does not state facts sufficient to constitute a cause of action against said defendant, and (2) that there is a misjoinder both of parties and causes of action, the said demurring defendant appeals, assigning error.
Without detailing the allegations of the complaint, which are quite lengthy, we are convinced from a perusal of the record, that the demurrer was properly overruled on both grounds.
Affirmed.