LEONARD v. PELL

No. 8119SC673.

289 S.E.2d 140 (1982)

Jerry R. LEONARD and Doris M. Leonard v. Betty A. PELL, Hugh R. Anderson, Substituted Trustee Under A Deed of Trust To G. E. Miller For Randolph Savings and Loan Association Dated October 23, 1967 and Recorded In Book 962, Page 435, Randolph County Registry Assigned to the First National Bank of Randolph County, The First National Bank of Randolph County, and B. Doyle Craven.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Robert F. Polson and E. L. Alston, Jr., Greensboro, for plaintiffs-appellants.

Smith, Casper & Smith by Charlie B. Casper, Asheboro, for defendants-appellees Hugh R. Anderson, Substituted Trustee, The First National Bank of Randolph County and B. Doyle Craven.

T. Worth Coltrane, Asheboro, for defendant-appellee Betty A. Pell.


HARRY C. MARTIN, Judge.

Although defendants assign as error the trial court's refusal to dismiss the appeal, we choose to decide the case upon the merits.

Judging from the record before us, it is evidently plaintiffs' contention that an issue of fact exists with respect to tender of payment, and thus summary judgment was improperly granted. Plaintiffs do not allege that they, themselves, tendered payment of the obligation secured by the first deed of trust...

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