DEAL v. CHRISTENBURY

No. 8026SC494.

274 S.E.2d 867 (1981)

Donald B. DEAL v. Boyce Irwin CHRISTENBURY and Marlene W. Dixon Christenbury.

Court of Appeals of North Carolina.

February 17, 1981.


Attorney(s) appearing for the Case

Harkey, Faggart, Coira, Fletcher & Lambeth by Charles F. Coira, Jr., Charlotte, for plaintiff-appellee.

Roberts & Planer, P. A., by Joseph B. Roberts, III, and Childers & Fowler by Max L. Childers, Mount Holly, for defendants-appellants.


WHICHARD, Judge.

Defendants assign error to the trial court's (1) denying defendant-wife's motion to dismiss the action as to her, made on the ground that there was no evidence of any consideration for her execution of the note and deed of trust; (2) failing to "explain the law arising on the evidence given in the case" as required by G.S. 1A-1, Rule 51, by not instructing the jury on defendant-wife's defense of lack of consideration; (3) failing to submit all the...

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