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62 N.C. 315

Gee v. . Hines

Supreme Court of North Carolina

Decided January 5, 1868

Supreme Court of North Carolina · decided 1868-01-05

Bill against a purchaser of lan’d sold under a decree in a former petition, filed to Fall Term 1867 of the Court of Equity for Halifax. A general demurrer being put in and set down for argument, the cause was transferred to this Court.

Decided 1868-01-05

Pearson, C. J.

¶1 There is nothing to distinguish this case from Rogers v. Holt, ante, 108, and the other cases cited in support of the demurrer.

¶2 These authorities are decisive.

¶3 We cannot without confounding all idea of equity pleading adopt the suggestion of Mr. Moore, that this bill (for it has all of the requisites of an original both in form and substance) may be treated as a mere notice of a motion in a cause.

¶4 Let the demurrer be allowed and the bill be dismissed.

Per Curiam.

¶5 Bill dismissed.

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