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GAMBILL v. BARE

No. 7623DC771.

232 S.E.2d 870 (1977)

32 N.C. App. 597

Sidney B. GAMBILL and wife, Myrtle R. Gambill v. W. F. BARE and wife, Edith Lee Bare.

Court of Appeals of North Carolina.

March 16, 1977.

Attorney(s) appearing for the Case

Bryan & Kilby, by John T. Kilby, Jefferson, for plaintiff appellees.

Vannoy & Reeves, by Wade E. Vannoy, Jr., West Jefferson, for defendant appellants.

ARNOLD, Judge.

Defendants argue that G.S. 45-21.38, by implication, will not allow a mortgagee to sue his mortgagor on the underlying debt or note for purchase money for real property, and that the mortgagee can only foreclose on the deed of trust. The statute provides:

"In all sales of real property by mortgagees and/or trustees under powers of sale contained in any mortgage or deed of trust executed after February 6, 1933,. . ., to secure to the seller...

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