#### A. M. McLEAN v. STATE BANK OF McBEE et al.

(Filed 12 October, 1927.)

Appeal by defendant, State Bank of McBee,'from Harris, J., at February Term, 1927, of Habnett. Civil action to restrain tbe sale of a tract of land in Harnett County until tbe claims of mortgagees, judgment creditors and tbe plaintiff, who alleges tbat be has a, contract to buy said land, can be determined and adjudicated. ■

From a judgment overruling a demurrer interposed by tbe State Bank of McBee upon tbe ground (1) tbat tbe complaint does not state facts sufficient to constitute a cause of action against said defendant, and (2) tbat there is a misjoinder both of parties and causes of action, tbe said demurring defendant appeals, assigning efror.

Young & Young for plaintiff.

Hoyle & Hoyle for defendant, State Bank of McBee.

Pee Cubiam.

Without detailing tbe allegations of the complaint, which are quite lengthy, we are convinced from a perusal of tbe record, tbat tbe demurrer was properly overruled on both grounds.

Affirmed.