KYLES v. SOUTHERN HOLDING CORPORATION

No. 6914SC206.

168 S.E.2d 502 (1969)

5 N.C. App. 465

Austin A. KYLES and wife, Blanche O. Kyles, and Oscar O. Kyles and wife, Bonnie J. Kyles v. SOUTHERN HOLDING CORPORATION; Home Security Corporation, J. H. Gates and wife, Agnes Gates, and Martin L. Cromartie, Jr., Substitute Trustee for Braxton Schell, Trustee.

Court of Appeals of North Carolina.

July 23, 1969.


Attorney(s) appearing for the Case

Brooks & Brooks, by Eugene C. Brooks, III, Durham, for plaintiff appellants.

Newsom, Graham, Strayhorn & Hedrick, by E. C. Bryson, Jr., Durham, for defendant-appellee Home Sec. Corp.


BRITT, Judge.

When liberally construed in favor of plaintiffs as required by G.S. § 1-151 and cases decided thereunder, the complaint alleges that plaintiffs Austin and wife are the owners of the subject property and the deed of trust foreclosure proceedings conducted by Cromartie, substitute trustee, were void for the reason that the indebtedness secured by the deed of trust had been fully paid prior to the commencement of said proceedings. The complaint was...

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