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MERCHANTS & FARMERS BANK OF LANDIS v. SHERRILL

No. 380.

58 S.E.2d 741 (1950)

231 N.C. 731

MERCHANTS & FARMERS BANK OF LANDIS et al. v. SHERRILL et al.

Supreme Court of North Carolina.

April 19, 1950.

Attorney(s) appearing for the Case

L. E. Barnhardt, Concord, and Hugh Q. Alexander, Kannapolis, for plaintiffs-appellants.

John C. Kesler, Salisbury, for defendant-appellee.

DEVIN, Justice.

Plaintiff Bank instituted action to foreclose a deed of trust purported to have been executed by defendants to secure a note of $4000, which it is alleged is overdue and unpaid. The feme defendant answered that the real property described in the complaint was her own and that she had not signed the note or deed of trust, alleging forgery. Plaintiff replied that if the papers were forged the feme defendant with knowledge of the forgery had failed for...

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