FRYE v. CROOKS

No. 523.

128 S.E.2d 257 (1962)

258 N.C. 199

W. Vance FRYE v. Ina Spinks CROOKS.

Supreme Court of North Carolina.

November 28, 1962.


Attorney(s) appearing for the Case

Ottway Burton, Linwood T. Peoples, Asheboro, for defendant, appellant.

No counsel contra.


HIGGINS, Justice.

The defendant attempted to interpose two defenses to the plaintiff's cause of action: (1) The debt secured by the mortgage was not in default; consequently the sale was premature, unauthorized, and the plaintiff's deed void. (2) The action should be abated on the ground there is another action pending between the same parties involving the same subject.

The note, dated August 26, 1955, specifically provided for the payment of $725.00 and...

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