FIRST CITIZENS BANK & TRUST CO. v. MARTIN

No. 7910SC73.

261 S.E.2d 145 (1979)

44 N.C. App. 281

FIRST CITIZENS BANK & TRUST COMPANY v. D. J. MARTIN (also known as David J. Martin) and wife, Marilyn B. Martin.

Court of Appeals of North Carolina.

December 18, 1979.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Thomas C. Worth, Jr., and Catherine C. McLamb, Raleigh, for plaintiff-appellee.

Maupin, Taylor & Ellis, P.A., by Richard C. Titus and Richard M. Lewis, Raleigh, for defendants-appellants.


WELLS, Judge.

The first question we consider is whether defendants, who were makers of the promissory note but who did not pledge any collateral as security, may raise the one-year statute of limitations under G.S. 1-54(6) as a bar to plaintiff's action for a deficiency. G.S. 1-54 provides that an action must be brought within one year, "(6) For a deficiency judgment on any debt, promissory note, bond or other evidence of indebtedness after the foreclosure of a mortgage...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases