IN RE GARDNER

No. 7419SC11.

202 S.E.2d 318 (1974)

20 N.C. App. 610

In re Foreclosure of Deed of Trust from Howard T. GARDNER (Single) recorded in Book 881, Page 343, Randolph County Registry.

Court of Appeals of North Carolina.

February 6, 1974.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for respondent, Mary Gardner Brady, appellant.

William W. Ivey, Asheboro, guardian ad litem for Howard T. Gardner, appellee.


PARKER, Judge.

When respondent Brady filed answer raising issues of fact as to the ownership of the money on deposit with the clerk, the proceeding should have been transferred to the civil issue docket of the superior court for trial. G.S. § 45-21.32(c). Thereafter the clerk had no jurisdiction to adjudicate ownership of the funds which he held for safekeeping under G.S. § 45-21.31(e), his only concern being that the adjudication of this question be made...

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