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REDIC v. MECHANICS AND FARMERS BANK

No. 451.

84 S.E.2d 542 (1954)

241 N.C. 152

Ernest REDIC v. MECHANICS AND FARMERS BANK, J. E. Strickland and wife, Juanita A. Strickland, and S. T. Gibson, and wife, Theima G. Gibson.

Supreme Court of North Carolina.

November 24, 1954.

Attorney(s) appearing for the Case

Wright T. Dixon, Jr., Raleigh, for plaintiff-appellant.

Paul C. West, Raleigh, for defendant-appellee Mechanics and Farmers Bank.

Ellis Nassif and J. C. Keeter, Raleigh, for defendant-appellees J. E. Strickland and wife, Juanita A. Strickland, and S. T. Gibson and wife, Thelma G. Gibson.

BARNHILL, Chief Justice.

For some undisclosed reason plaintiff prays cancellation of the tax foreclosure deed. But whether plaintiff has stated a cause of action does not depend upon the validity or invalidity of the tax foreclosure deed. The quality of the estate it conveyed to Gibson, and through him to the defendant Bank, is the determinative factor.

The holder of a note secured by deed of trust on real property...

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