FLEISHEL v. JESSUP

No. 103.

89 S.E.2d 160 (1955)

242 N.C. 605

C. F. FLEISHEL v. J. C. JESSUP, P. W. Jessup and Arnold T. Jessup.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

Henry A. Grady, Jr. and Raymond E. Dunn, New Bern, for defendant-appellants.

B. B. Hollowell, Bayboro, and R. E. Whitehurst, New Bern, for plaintiff-appellee.


PER CURIAM.

The action of the court must be held for error. There can be no deficiency until there is a sale. At present all parties are unadvised as to what the land will bring at public sale. The determination of the issue as to whether the enumerated structures were real property or personal property and the value of the land at present must await the sale. It follows that the judgment entered was premature. Judgment entered is vacated, and the cause is remanded...

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