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MATTER OF COOKE

No. 7714SC767.

246 S.E.2d 801 (1978)

In the Matter of the Foreclosure of a Deed of Trust Executed by Juan C. COOKE, dated April 12, 1967, Recorded in Book of Mortgages 806, page 334, Durham County Registry, A. A. McDonald, Jr., Substitute Trustee.

Court of Appeals of North Carolina.

August 15, 1978.

Attorney(s) appearing for the Case

Joe C. Weatherspoon, Durham, for petitioner-appellee.

Roger S. Upchurch, Durham, for respondent-appellant.

MORRIS, Judge.

Respondent objected to the testimony of the payees/beneficiaries concerning the notes and transactions as being violative of the Dead Man's Statute, G.S. 8-51. The maker of the notes and grantor of the deed of trust is now deceased. G.S. 8-51 provides that

"Upon . . . the hearing upon the merits of a special proceeding, a party or person interested in the event, . . . shall not be examined as a witness...

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