HASSELL v. WILSON

No. 16.

272 S.E.2d 77 (1980)

301 N.C. 307

Tex R. HASSELL and wife, Phronia Loy Hassell v. J. Kenyon WILSON, Jr., Trustee; Albemarle Savings & Loan Association; James Aubrey Hudson and wife, Helen B. Hudson.

Supreme Court of North Carolina.

November 4, 1980.


Attorney(s) appearing for the Case

Cherry, Cherry & Flythe by Joseph J. Flythe, Ahoskie, for plaintiffs-appellees.

White, Hall, Mullen, Brumsey & Small by Gerald F. White, Elizabeth City, for defendants-appellants.


EXUM, Justice.

This case raises questions regarding the insufficiency of a sheriff's return of substituted service of process and the procedurally proper method of attacking it.

Plaintiffs, husband and wife, filing both a motion in the cause before the Pasquotank Clerk and a separate action in Pasquotank Superior Court, seek to have a clerk's order in foreclosure of plaintiffs' home and trustee's deed to defendants set aside for failure to serve notice of...

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