NORTH CAROLINA NAT. BANK v. HOLSHOUSER

No. 7726DC1023.

247 S.E.2d 645 (1978)

38 N.C. App. 165

NORTH CAROLINA NATIONAL BANK v. Claude Adolphus HOLSHOUSER.

Court of Appeals of North Carolina.

October 3, 1978.


Attorney(s) appearing for the Case

Clontz & Morton by James H. Morton, Charlotte, for plaintiff.

James, McElroy & Diehl by James H. Abrams, Jr., Charlotte, for defendant.


MARTIN, Judge.

The only question before us in this appeal is whether plaintiff's cause of action is barred by any statute of limitations. Plaintiff contends that, as the security instrument was executed under seal, G.S. 1-47(2) is the applicable statute and therefore this action would not be barred until after 28 September 1980. Defendant, however, insists that the four-year statute of limitations found in G.S. 25-2-725 is the applicable statute and that, as plaintiff...

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