CABLE v. HARDIN OIL COMPANY

No. 7119SC150.

179 S.E.2d 829 (1971)

10 N.C. App. 569

H. W. CABLE, Individually and H. W. Cable, Administrator of the Estate of Lizzie W. Cable v. HARDIN OIL COMPANY et al.

Court of Appeals of North Carolina.

Certiorari Denied May 12, 1971.


Attorney(s) appearing for the Case

H. Wade Yates, Asheboro, for defendant appellants Edgar Cable, William Cable, Mildred Holiday, Adell Caudill, Nellie Williams, Maude Landreth, Lacy Cable, Robert Cable, Dillard Williams and Paul Williams.

McLeod & Campbell by W. F. McLeod, Reidsville, for defendant appellees, T. Garland Smothers and Tom B. Smothers.

Coltrane & Gavin, by T. Worth Coltrane, Asheboro, for petitioner appellee Harvey W. Cable, individually, and Harvey W. Cable, administrator of the estate of Lizzie W. Cable, and defendant appellee Ruby Cable Lane.


Certiorari Denied by Supreme Court May 12, 1971.

GRAHAM, Judge.

We note at the outset that the deed of trust in the amount of $7,868.84, filed for registration 3 January 1964, was determined to be a lien only on those surplus funds derived from the sale of the tract of land devised by Mrs. Cable to her son Harvey. The order contemplates that this deed of trust is to be paid out of these particular funds. Thus, unless appellants have some interest in these...

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