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APTE v. DEP'T OF REVENUE ADMIN.

No. 81-108.

121 N.H. 1045 (1981)

WYLIE L. APTE, JR. v. DEPARTMENT OF REVENUE ADMINISTRATION & a.

Supreme Court of New Hampshire.

November 20, 1981.

Attorney(s) appearing for the Case

Shute, Engel & Morse P.A., of Exeter (Mark S. Gearreald on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Betsy S. Westgate, assistant attorney general, on the brief and orally), for the State.

BATCHELDER, J.

The Superior Court (Temple, J.) transferred the following two questions of law:

"A. Does a foreclosure sale at which the mortgagee was the sole bidder, followed by the execution and recording of a deed by said mortgagee to himself, all pursuant to the statutory power of sale in the mortgage, constitute a `sale, granting and transfer of real estate and any interest therein' under N.H. RSA 78-B:1 (I) (Supp. 1979)? B. If so, is...

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