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MILLER v. LEMON TREE INN OF ROANOKE RAPIDS

No. 766SC655.

233 S.E.2d 69 (1977)

32 N.C. App. 524

Monte M. MILLER, Trustee, et al. v. LEMON TREE INN OF ROANOKE RAPIDS, INC., et al.

Court of Appeals of North Carolina.

March 16, 1977.

Attorney(s) appearing for the Case

Spruill, Trotter & Lane by James R. Trotter, Rocky Mount, for plaintiff-appellee.

Allsbrook, Benton, Knott, Allsbrook & Cranford by William O. White, Jr., Roanoke Rapids, for defendant-appellant.

CLARK, Judge.

The issue upon appeal is whether the trial court erred in its conclusion of law that plaintiff Bank's deed of trust had priority in the proceeds from the judicial sale of the Inn Site over defendant Fitts-Crumpler's judgment lien against defendant LT-RR. Fitts-Crumpler has contended throughout that it perfected and enforced its materialmen's lien against LT-RR pursuant to G.S. 44A-12 and 44A-13, and that by virtue of the "relation-back" effect of G.S...

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