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ALBEMARLE RLTY., ETC. v. PEOPLES BANK, ETC.

No. 771SC29.

238 S.E.2d 622 (1977)

34 N.C. App. 481

ALBEMARLE REALTY AND MORTGAGE COMPANY, INC. and C. T. S. Keep v. PEOPLES BANK OF VIRGINIA BEACH, Edward T. Caton, III, Trustee, Lennie L. Hughes, Substitute Trustee, Mary Virginia Holladay, and Grayson M. Whitehurst, Carl R. Toucher and wife, Mildred M. Toucher, Herbert D. Toucher, Alfred Magill Randolph, Ralph Groves, Billy D. Williams, and Virginia S. Flacomio.

Court of Appeals of North Carolina.

November 16, 1977.

Attorney(s) appearing for the Case

J. Kenyon Wilson, Jr. and M. H. Hood Ellis, Elizabeth City, for plaintiffs-appellees.

White, Hall, Mullen & Brumsey by Gerald F. White and William Brumsey, III, Elizabeth City, for defendants-appellants.

CLARK, Judge.

Defendants first assign as error the trial judge's interpretation of G.S. 45-21.17 (1966 replacement). The statute reads in pertinent part:

"(a) When the instrument pursuant to which a sale of real property is to be held contains provisions with respect to posting or publishing notice of sale of the real property, such provisions shall be complied with, and compliance therewith is sufficient notice. (b) When the instrument pursuant...

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