CARROLL v. PARKER

No. 6811SC295.

163 S.E.2d 547 (1968)

2 N.C. App. 573

James B. CARROLL and wife, Jean Carroll v. E. A. PARKER, Trustee, and Z. B. Byrd, Jr. and wife, Marie Stephenson Byrd.

Court of Appeals of North Carolina.

October 16, 1968.


Attorney(s) appearing for the Case

Lyon & Lyon, by W. Pope Lyon, Smithfield, for plaintiff appellants.

E. A. Parker, Benson, and Harris & Harris, by Jane P. Harris, Wake Forest, for defendant appellees.


MORRIS, Judge.

This appeal raises only one question; i. e., was the nonsuit properly entered.

Plaintiffs seek an accounting for timber cut from their lands by defendant Z. B. Byrd, Jr., holder of a note given to him and defendant Marie Stephenson Byrd, which note is secured by a purchase money deed of trust conveying the lands to defendant E. A. Parker, Trustee. They contend that the note was not in default at the time foreclosure was initiated because they...

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