BULLINGTON v. ANGEL

Civil Action No. 385.

56 F.Supp. 372 (1944)

BULLINGTON v. ANGEL.

District Court, W. D. North Carolina, Asheville Division.

August 3, 1944.


Attorney(s) appearing for the Case

W. Roy Francis, of Waynesville, N. C., and R. Roy Rush, of Roanoke, Va., for plaintiff.

Jones, Ward & Jones, of Asheville, N. C., for defendant.


WEBB, District Judge.

The sole question presented by the agreed statement of facts is whether the provisions of the Law of North Carolina, Chapter 36, Public Laws 1933, bar the plaintiff from maintaining this suit in this Court. This statute undertakes to prevent any person from securing a deficiency judgment "on account of such mortgage, deed of trust or obligation secured by the same."

This plaintiff, in spite of the statute, brought suit in the Superior...

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