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HENDERSON CTY. v. OSTEEN

No. 7729SC937.

247 S.E.2d 636 (1978)

38 N.C. App. 199

HENDERSON COUNTY and Lincoln K. Andrews v. Frank OSTEEN (now Deceased), Harley Osteen (in his capacity of administrator of the Estate of Frank Osteen), and Ellie O. Cheatwood, Ufaula O. Stepp, Hazel O. Stevenson, Blanche O. King, Harley Osteen, Sylvene O. Spickerman, Greta O. Allen, Jean O. Holden, Mitchell M. Osteen, Carl M. Osteen, Martha Sue O. Brown, James D. Osteen and Thelma O. Taylor as all the heirs at law of Frank Osteen, Deceased.

Court of Appeals of North Carolina.

October 3, 1978.

Attorney(s) appearing for the Case

Prince, Youngblood & Massagee by James E. Creekman, Hendersonville, for plaintiffs.

James C. Coleman, Hendersonville, for defendants.

MARTIN, Judge.

On remand, hearing was before Judge David Smith who, after presentation of evidence by movants and plaintiff Lincoln K. Andrews, found as a fact that notice was not mailed in the prescribed manner by the Sheriff of Henderson County and entered an order setting aside the sale of the property. From this order plaintiff Lincoln K. Andrews appealed.

The only question presented to us by this appeal is the sufficiency of the evidence to support the...

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