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RDC, INC. v. BROOKLEIGH BUILDERS BY BURNS

No. 8221SC168.

299 S.E.2d 448 (1983)

RDC, INC., a Delaware corporation doing business in North Carolina v. BROOKLEIGH BUILDERS, INC., by W. Joseph BURNS, Trustee in Bankruptcy, Stafford R. Peebles, Jr., Trustee for Carlisle B. McKenzie and wife, Louise J. McKenzie; Carlisle B. McKenzie and wife, Louise J. McKenzie; Stafford R. Pebbles, Jr., Trustee for Martin Septic Tank Service; Martin Septic Tank Service; Wayne C. Shugart, Trustee for Smith-Phillips Lumber Company; Smith-Phillips Lumber Company; Foster & Hailey, Inc.; Pfaff's, Inc.; New World, Inc.; and Oldtown Carpet Center.

Court of Appeals of North Carolina.

January 18, 1983.

Attorney(s) appearing for the Case

Peebles, Hedgpeth & Schramm by John J. Schramm, Jr. and Joseph C. Hedgpeth, II, Winston-Salem, for Stafford R. Peebles, Jr., Trustee, Carlisle B. McKenzie and Louise J. McKenzie, respondents-appellants.

House, Blanco & Osborn, P.A. by Reginald F. Combs, Winston-Salem, for Foster & Hailey, Inc., respondent-appellee.

WELLS, Judge.

Article 2 of Chapter 44A of the General Statutes pertains to statutory liens on real property. For priority purposes, liens duly perfected under Chapter 44A relate back to the time of first furnishing of labor or materials. As between a statutory lien and the lien created by a deed of trust, the general rule (which applies to the present case) is that the lien which is first in time has priority. See Assurance Society v. Basnight,

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