MATTER OF SUTTLES

Nos. 456PA82, 457PA82.

317 S.E.2d 670 (1984)

In the Matter of the Foreclosure of Deed of Trust Executed and Given by Raymond SUTTLES and Wife, Joyce Suttles, Grantors, Dated the 30th day of January, 1979, As Appears of Record in Book 421 at Page 49, Chatham County Registry. R. Hayes HOFLER, III, Trustee v. Paul W. HILL and wife, Patricia B. Hill; Raymond Suttles and wife, Joyce Suttles; and R & H Concrete Pumping, Inc. In the Matter of the Foreclosure of Deed of Trust Executed and Given by Paul W. HILL and Wife, Patricia B. Hill, Grantors, Dated the 30th Day of January, 1979, As Appears of Record in Book 303 at Page 470, Orange County Registry. R. Hayes HOFLER, III, Trustee v. Paul W. HILL and wife, Patricia B. Hill; Raymond Suttles and wife, Joyce Suttles; and R & H Concrete Pumping, Inc.

Supreme Court of North Carolina.

July 6, 1984.


Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Murray, Bryson, Kennon & Faison by Robert O. Belo, Durham, for appellee (Allentown Pneumatic Gun Company).

Dalton H. Loftin, Hillsborough, for defendants-appellants (Paul W. Hill and wife, Patricia B. Hill).


EXUM, Justice.

In reviewing the determination of the Court of Appeals that the substitute trustee, on behalf of appellee, may foreclose two deeds of trust, we must consider two issues: First, whether appellee, which as security for a bank loan to a third party executed a repurchase agreement in favor of the bank, and appellants, who as security for this same bank loan executed what is denominated a "guaranty" in favor of the bank, were co-sureties on the debt owed...

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