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MATTER OF WATTS

No. 773SC947.

247 S.E.2d 427 (1978)

38 N.C. App. 90

In the Matter of the Foreclosure of a Certain Deed of Trust from Marvin J. WATTS and wife, H. Ruth Watts, to Thomas S. Bennett, Substitute Trustee, for Judith W. Smith.

Court of Appeals of North Carolina.

September 19, 1978.

Attorney(s) appearing for the Case

Taylor and Marquardt by John P. Simpson, Morehead City, for respondent-appellant.

No counsel contra.

CLARK, Judge.

The sole question presented on appeal is whether a Superior Court Judge is authorized to invoke equity jurisdiction in a hearing de novo on appeal pursuant to G.S. 45-21.16(d) or is limited to hearing the same matters in controversy which were before the Clerk of Superior Court.

G.S. 45-21.16 provides that prior to a foreclosure under a power of sale, the mortgagee must notify the mortgagor...

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