MONTEITH v. WELCH

No. 36.

94 S.E.2d 345 (1956)

244 N.C. 415

John W. MONTEITH and wife, Nettie A. Monteith v. William C. WELCH and wife, Velma Welch, Leslie R. Rogers and wife, Mary D. Rogers, and Thomas H. Franks, Trustee.

Supreme Court of North Carolina.

September 19, 1956.


Attorney(s) appearing for the Case

Potts & Ramsey, Brevard, and Redden & Redden, Hendersonville, for plaintiff appellees.

B. A. Whitmire and L. B. Prince, Hendersonville, for defendants Welch.


RODMAN, Justice.

Defendants insist that Franks, the trustee, was authorized to receive payment of the notes and to cancel the deed of trust; and hence they are protected by the cancellation entered of record.

The assertion that Franks, the trustee, was authorized to collect the notes and thereupon to cancel the deed of trust finds no support in the evidence or in law.

Plaintiff testified: "I never authorized Mr. Franks or any other person to collect...

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