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STAUNTON MILITARY ACADEMY, INC. v. DOCKERY

No. 25.

94 S.E.2d 354 (1956)

244 N.C. 427

STAUNTON MILITARY ACADEMY, Inc. v. J. S. DOCKERY, Trustee, David Lindsay, Julius E. Brown and wife, Vera E. Brown.

Supreme Court of North Carolina.

September 19, 1956.

Attorney(s) appearing for the Case

Roy D. Davis, Marion, for plaintiff, appellant.

Proctor & Dameron, Marion, for defendants J. S. Dockery, Trustee, and David Lindsay, appellees.

BOBBITT, Justice.

The rules applicable in testing the sufficiency of the complaint are well settled and need not be repeated. G.S. § 1-151; Pressly v. Walker, 238 N.C. 732, 78 S.E.2d 920, and cases cited.

Absent special circumstances, a foreclosure sale by a trustee in a junior deed of trust is made subject to prior liens on the property. The...

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