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GORE v. HILL

No. 8013SC1073.

279 S.E.2d 102 (1981)

McRoy GORE, Jr. v. James E. HILL, Trustee, United Carolina Bank (Waccamaw Bank & Trust Company); Roland Lennon Gore and wife, Gwen Gore, and J. Roland Gore and wife, Velma J. Gore.

Court of Appeals of North Carolina.

June 16, 1981.

Attorney(s) appearing for the Case

McLean, Stacy, Henry & McLean by Everett L. Henry, Lumberton, for plaintiff-appellant.

C. Franklin Stanley, Jr., Tabor City, for defendants-appellees.

HEDRICK, Judge.

The sole questions presented by this appeal is whether the trial court improperly denied plaintiff's motion for partial summary judgment and allowed defendants' motion for summary judgment. Plaintiff's only argument is that the facts as to liability were undisputed: the foreclosure sale had been postponed in a manner contrary to the provisions of G.S. § 45-21.21 and that the sale was, therefore, void.

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