MATTER OF FORECLOSURE OF A DEED OF TRUST

No. 8214SC527.

306 S.E.2d 475 (1983)

In the Matter of the FORECLOSURE OF A DEED OF TRUST EXECUTED BY Alice Williams TAYLOR (Divorced) Dated November 12, 1975, Recorded in Mortgage Book 814, Page 892, Durham County Registry, by Marshall T. Spears, Jr., Trustee.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

North Central Legal Assistance Program by Alice A. Ratliff, Durham, for movant-appellant.

Stubbs, Cole, Breedlove, Prentis and Poe by G. Jona Poe, Jr., Durham, for respondents-appellees.


WEBB, Judge.

In her sole assignment of error the movant contends that, when viewed in the light most favorable to her, the evidence was sufficient to establish her right to relief. She argues it was error for the trial court to grant the respondents' motion for dismissal under Rule 41(b) of the North Carolina Rules of Civil Procedure. We disagree.

G.S. 1A-1, Rule 41(b) provides in pertinent part as follows:

"After the plaintiff, in an action tried...

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