MILLER v. LEMON TREE INN OF WILMINGTON, INC.

No. 785SC52.

249 S.E.2d 836 (1978)

39 N.C. App. 133

Monte M. MILLER, Trustee, Joseph O. Taylor, Trustee, and Virginia National Bank v. LEMON TREE INN OF WILMINGTON, INC., James E. Bridgman and wife, Geraldine R. Bridgman, Edgar C. Bowlin and wife, Peggy O. Bowlin, Thomas R. Jackson and wife, Angela Jackson, O. Edwin Esval and wife, Teresa Esval, Godley Construction Co., Inc., T. L. Shoupe, d/b/a T. L. Shoupe Company, H. W. Carriker Company, Inc., R. D. McCall, Inc., d/b/a Hurricane Fence Co., Winfred R. Ervin, Trustee; G. Martin Evans, Trustee, Charles G. Sims, Felix A. Euforbia, and South Carolina National Bank.

Court of Appeals of North Carolina.

December 19, 1978.


Attorney(s) appearing for the Case

Murchison, Fox & Newton by James C. Fox, and Carr & Swails by James B. Swails, Wilmington, for plaintiff-appellee.

Ervin, Kornfeld & MacNeill by Winfred R. Ervin and John C. MacNeill, Jr., Charlotte, for defendant-appellant Godley Construction Co., Inc.


MORRIS, Chief Judge.

The sole question for decision concerns whether the deed of trust securing Lemon Tree Inn's note to Virginia National Bank is entitled to priority over a materialman's lien claimed by Godley. The parties have asserted numerous theories in support of their contentions. However, the determinative question is whether the note and deed of trust to Godley on 25 October 1975 displaced its right to a lien on the property. Because we hereinafter so find...

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