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CAROLINA COOLING & HEATING, INC. v. BLACKBURN

No. 446.

148 S.E.2d 18 (1966)

267 N.C. 155

CAROLINA COOLING & HEATING, INC., Plaintiff, and State of North Carolina ex rel. I. L. Clayton, Commissioner of Revenue, Intervening Plaintiff, v. Charles F. BLACKBURN, Trustee, Citizens Bank & Trust Company, Noteholder, Theodore A. Granger, Trustee for Asco-Associated Companies, Theodore A. Granger, t/a Asco-Associated Companies, and Elizabeth T. Granger, Defendants.

Supreme Court of North Carolina.

May 4, 1966.

Attorney(s) appearing for the Case

Zollicoffer, & Zollicoffer, Henderson, for Carolina Cooling & Heating, Inc., plaintiff appellant.

Perry, Kittrell, Blackburn & Blackburn, by Robert G. Kittrell, Jr., Bennett H. Perry, Jr., Henderson, for defendant Citizens Bank & Trust Co. and Charles F. Blackburn, Trustee, appellees.

HIGGINS, Justice.

The plaintiffs' allegations by verified complaints are not denied by answer. The challenge is by motion to dissolve the restraining order. The procedure on the part of the defendants is equivalent to a demurrer based on the legal grounds stated in the motion, supplemented by the affidavits. In substance the allegations in the complaints are that the note for $50,000.00 secured by the deed of trust has been paid in full. Consequently, the payment...

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