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BOWMAN v. BARKER

No. 7419SC804.

210 S.E.2d 115 (1974)

24 N.C. App. 110

Thomas Patterson BOWMAN and wife, Peggy Moon Bowman v. Jack W. BARKER and Deane F. Bell, Substitute Trustee.

Court of Appeals of North Carolina.

December 4, 1974.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiffs-appellants.

Bell, Ogburn & Redding by J. Howard Redding, Asheboro, for defendants-appellees.

CAMPBELL, Judge.

The present status of this case reveals not only an action for monetary damages against the defendant Barker but likewise an action to have a deed of trust securing a note declared null and void and the defendant Barker restrained from further actions with regard to selling the house and lot of the plaintiffs. In this situation, the trustee in the deed of trust is a necessary and indispensable party. Smith v. Bank, 223 N.C. 249, 25 S.E.2d 859 (1943...

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