PAYNE v. BUFFALO REINSURANCE CO.

No. 8322SC286.

317 S.E.2d 408 (1984)

Donald R. PAYNE, Richard C. Hill, Jr., J. Harold King, Grady C. Beck, Melvin Douglas Peed and wife, Mary Rose Brown Peed, As Tenants by the Entirety, George W. Odell, III, Morris A. Herron and wife, Sarah H. Herron, as Tenants by the Entirety, and Ronny G. Odell and wife, Kathleen W. Odell, as Tenants by the Entirety v. BUFFALO REINSURANCE COMPANY.

Court of Appeals of North Carolina.

July 3, 1984.


Attorney(s) appearing for the Case

White & Crumpler by William E. West, Jr., Winston-Salem, for plaintiffs-appellees.

Tuggle, Duggins, Meschan, Thornton & Elrod by Joseph F. Brotherton, Greensboro, for defendant-appellant.


PHILLIPS, Judge.

Only one legal question is raised by this appeal—Was the judgment cancelling defendant's deed of trust of record authorized by law? It was, in our opinion, and the judgment of the trial court is affirmed.

The judgment was authorized by the express terms of the contract between the parties. An insurance policy is but a special kind of contract and the terms agreed to therein, unless forbidden by law, are binding on insurer and insured...

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