MARTIN v. LILES

No. 7710SC1048.

250 S.E.2d 326 (1979)

39 N.C. App. 498

David J. MARTIN and wife Marilyn B. Martin v. Dr. L. Carl LILES and W. G. Parker, Trustee.

Court of Appeals of North Carolina.

January 16, 1979.


Attorney(s) appearing for the Case

Maupin, Taylor & Ellis, P. A., by Richard C. Titus, Raleigh, for plaintiff appellants.

W. Gale Parker, Raleigh, for L. Carl Liles and W. G. Parker, Trustee, defendant-appellees.


WEBB, Judge.

The plaintiffs contend summary judgment was not proper in this case because in sworn answers to interrogatories, the plaintiffs stated they did not have notice that the Bankruptcy Court had dissolved the restraining order which enjoined the foreclosure. If this is a material issue of fact, we must reverse. We hold this is not a material issue and the summary judgment is affirmed.

The appellants were notified the property would be sold under a...

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