UNDERWOOD v. OTWELL

No. 606.

153 S.E.2d 40 (1967)

269 N.C. 571

Lewis B. UNDERWOOD v. B. M. OTWELL and wife, Mary Bell Otwell, and daughter Lucille Lillian Otwell Underwood.

Supreme Court of North Carolina.

March 1, 1967.


Attorney(s) appearing for the Case

Ottway Burton and John Randolph Ingram, Asheboro, for plaintiff.

L. T. Hammond, Sr., Asheboro, for defendants.


SHARP, Justice.

In his complaint, plaintiff has stated a cause of action for a judgment on the note which defendants Otwell executed to him and to defendant Underwood, and he has attempted to state a cause for the foreclosure of the deed of trust securing the note. "A creditor whose debt is secured by way of mortgage or trust has two remedies—one, in personam for his debt; the other, in rem to subject the mortgaged property to its payment...

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