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CITY OF DURHAM v. KEEN

No. 7814SC511.

253 S.E.2d 585 (1979)

40 N.C. App. 652

CITY OF DURHAM, Plaintiff, v. Marjorie S. KEEN and spouse, the County of Durham, Original Defendants, and Robert C. Knott and wife, Patricia P. Knott, Additional Defendants.

Court of Appeals of North Carolina.

April 17, 1979.

Attorney(s) appearing for the Case

Rufus C. Boutwell, Jr., Asst. County Atty., Durham, for plaintiff-appellee City of Durham.

Blackwell M. Brogden, Jr., and E. C. Harris, Jr., Durham, for defendant-appellant Marjorie S. Keen.

C. Horton Poe, Jr., Durham, for defendants-appellees Robert C. Knott and Patricia P. Knott.

No counsel for defendant-appellee County of Durham.

HEDRICK, Judge.

Defendant first contends that the sale of the subject property is void and thus should have been set aside under Rule 60(b)(4) and (6) because the Commissioner failed to comply with the applicable statutes concerning notice of the sale. Defendant first argues that the provisions of G.S. § 1-339.17(a)(1), requiring that notice be posted at the courthouse door for thirty days immediately preceding the sale, were not met. The record, however, discloses...

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