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FRANK H. CONNER CO. v. SPANISH INNS, ETC.

No. 7726SC17.

238 S.E.2d 525 (1977)

34 N.C. App. 341

FRANK H. CONNER COMPANY v. SPANISH INNS CHARLOTTE, LIMITED, a North Carolina limited partnership, Emil Ball, Jerry M. Whipperfurth, Richard R. Holchek, and R. C. Benson, Individually and as general partners, Archie C. Walker, as Trustee and Wachovia Realty Investments, an Unincorporated Business Trust, and United Leasing Corporation, and Wachovia Mortgage Company.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

Connor, Lee, Connor, Reece & Bunn by David M. Connor, Wilson and Cyrus F. Lee, Wade & Carmichael by J. J. Wade, Jr., Charlotte, for plaintiff-appellee.

Berry, Bledsoe & Hogewood by Louis A. Bledsoe, Jr. and Dean Gibson, Charlotte, and Womble, Carlyle, Sandridge & Rice by Donald A. Donadio and Kenneth A. Moser, Winston-Salem, for defendants-appellants.

HEDRICK, Judge.

The primary question raised by this appeal is whether the uncontroverted facts established by this record support the judgment declaring that plaintiff's lien dates from 17 October 1973 and has priority over the defendants' deed of trust recorded on 29 October 1973. The record clearly establishes that some labor and material was provided by plaintiff's subcontractor on 17, 18 and 22 October 1973, prior to the recording date of defendants' deed of trust...

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