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DuBOSE v. GASTONIA MUT. SAV. & LOAN ASS'N

No. 8127SC298.

286 S.E.2d 617 (1982)

Horace M. DuBOSE, III, Trustee, and Robert J. Bernhardt, Trustee, as their interests may appear, v. GASTONIA MUTUAL SAVINGS AND LOAN ASSOCIATION and L. B. Hollowell, Jr., Trustee.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

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

Hollowell, Stott, Hollowell, Palmer & Windham by James C. Windham, Jr., Gastonia, for defendants-appellees.

BECTON, Judge.

PROCEDURAL AND FACTUAL HISTORY

The resolution of this appeal, though simple, requires a painstaking review of transactions that have spawned several other lawsuits, some of which have reached the appellate courts.1

On 30 May 1978, A. C. Burgess, Jr. gave a promissory note to defendants in the amount of $56,000.00. The promissory note was secured by a deed of trust encumbering five residential lots that...

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