The defendants, having filed an answer to the merits, waived a defective statement of a good cause of action; that is to *4say, a demurrer ore tenus is not available after answer to the merits, merely for the reason that a good cause of action bas been defectively stated. Mizzell v. Ruffin, 118 N. C., 69, 23 S. E., 927; North Carolina Practice & Procedure by McIntosh, p. 454. Consequently, it becomes necessary to interpret the complaint. The deeds are not contained in the record, and there is no evidence of consideration except the allegation in the complaint that they recited a consideration of $25.00. The deed was made by a father to three of his children. This Court has held that close blood relationship constitutes a good consideration for a conveyance of land. Exum v. Lynch, 188 N. C., 392, 125 S. E., 15. Moreover, it was held in Howard v. Turner, 125 N. C., 107, 34 S. E., 229, that “a deed in proper form is good and will convey the land described therein without any consideration.” Of course a court of equity will set aside a deed for lack of consideration when the interest of creditors or subsequent purchasers for value without notice are concerned. Therefore no cause of action was alleged in the complaint upon the aspect of consideration. Nor can the plaintiffs succeed by virtue of allegations with respect to the breach of the covenant for support. The grantor in his lifetime did not claim a breach of such covenant or attempt to assert the same. He retained no right of reentry and did not seek to rescind or cancel the deed. There is no allegation that any of plaintiffs contributed anything to the support of their father or mother, and hence they are not entitled to complain of the breach of the covenant, if such were established. Helms v. Helms, 135 N. C., 164, 47 S. E., 415.
The second ground for the demurrer ore tenus was that the complaint failed to state a cause of action for fraud and undue influence or either of them. The defendant answered to the merits before the demurrer was made and did not at any time request that the allegations of the complaint in this respect be made more specific, and, nothing else appearing, the plaintiffs’ contention that it was error to sustain the demurrer upon the ground that fraud and undue influence were not properly alleged, would be well founded. Riley v. Hall, 119 N. C., 406, 26 S. E., 47. Notwithstanding, the complaint must be construed as a whole, and the pleading in this action, when liberally interpreted, discloses that the allegations of fraud and undue influence were based upon the theory that the grantor was old and feeble minded and did not have sufficient mental capacity to make a deed. Consequently, a determination of the mental capacity of the grantor involved and included the issues of fraud and undue influence as set up in the pleading.
The trial judge submitted the issue of mental capacity to the jury and the verdict sustained the deeds. The Court is of the opinion that the substantial merit of the controversy, as laid in the pleading, has been established by the verdict, and the judgment is approved.