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HODGES v. WELLONS

No. 7011SC269.

175 S.E.2d 690 (1970)

Betsy C. HODGES, Administratrix d. b. n. of Estate of Pattie Banks Dunston, Deceased v. James A. WELLONS, Jr., Trustee, Smithfield Savings & Loan Association, and Jesse Grissom and wife, Mildred Grissom.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1970.

Attorney(s) appearing for the Case

T. Yates Dobson, Jr. and L. Austin Stevens, Smithfield, for plaintiff.

Basil Sherrill, Raleigh, and Wellons & Wellons, by James A. Wellons, Jr., Smithfield, for defendants.

BROCK, Judge.

Plaintiff contends that the trial court erred in ruling the complaint failed to state a claim upon which relief can be granted.

By stipulation the deed of trust was incorporated into the complaint. It shows upon its face that Smithfield Savings and Loan Association was under no obligation to collect the rents from the mortgaged property and apply them to the monthly payments on the note. It is true...

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