IN RE A. C. BURGESS, JR. REAL ESTATE

No. 8127SC223.

286 S.E.2d 362 (1982)

In re execution sale of A. C. BURGESS, JR. REAL ESTATE. PREMIER ATHLETIC PRODUCTS, Tennessee American, Inc., Vitter Sports, Inc., Thermos Division of King Seely Thermos Company, Winning Ways, Inc., William Iselin & Co., Vanco Division of Vandervoort Hardware Company, First Factors Corp., Medalist Industries, Inc., and Southern Athletic/Bike v. A. C. BURGESS, Jr. and House of Sports, Inc.

Court of Appeals of North Carolina.

February 2, 1982.


Attorney(s) appearing for the Case

Horace M. DuBose, III, Gastonia, for respondents-appellants.

Michael David Bland, Belmont, for petitioner-appellee W. R. Mathis.


HEDRICK, Judge.

The record before us discloses that the identical property which is the subject of this proceeding was conveyed in a deed of trust by A. C. Burgess, Jr., to L. B. Hollowell, Jr., trustee for Gastonia Mutual Savings and Loan Association on 30 May 1978; that a foreclosure proceeding was instituted by Hollowell and Gastonia Mutual on 12 October 1979 in Gaston County and that the property in question was sold under foreclosure on 6 February 1981 and that...

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