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CERTAIN-TEED PRODUCTS CORPORATION v. SANDERS

No. 284.

141 S.E.2d 329 (1965)

264 N.C. 234

CERTAIN-TEED PRODUCTS CORPORATION v. R. M. SANDERS, J. C. Sedberry, Trustee, Lynn S. Challis, T. Fred Challis, Herbert Howze and wife, Viola Howze, R. E. McDaniel, Trustee, and S. A. Dover, Jr.

Supreme Court of North Carolina.

April 14, 1965.

Attorney(s) appearing for the Case

Dockery, Ruff, Perry, Bond & Cobb, Charlotte, for plaintiff appellee.

J. C. Sedberry, Charlotte, for R. M. Sanders, Lynn S. Challis, T. Fred Challis and S. A. Dover, Jr., defendant appellants.

BOBBITT, Justice.

Before considering directly the questions presented, it seems appropriate to advert to the following uncontroverted matters.

(1) The deed of trust to Sedberry, Trustee, duly recorded since 1959, was a valid first lien on the property described therein.

(2) Plaintiff did not seek a personal judgment against defendants Howze on their $10,908.84 promissory note to Institute. (Note: Defendants Howze made no payment on said $10,908.84...

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