NORTHWESTERN BANK v. WESTON

No. 8427DC307.

325 S.E.2d 694 (1985)

The NORTHWESTERN BANK v. Jack W. WESTON, Jr.

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

James H. Toms and Ervin W. Bazzle, Hendersonville, for defendant-appellant.

Hamrick, Mauney, Flowers, Martin & Deaton by Thomas W. Martin, Jr., Shelby, for plaintiff-appellee.


ARNOLD, Judge.

The first issue presented by this appeal is whether G.S. 45-21.36 furnishes a defense against the plaintiff Bank's suit on a promissory note given by defendant. Plaintiff is the holder of the note and of a deed of trust given on defendant's home, which secures the note. The deed of trust is the second deed of trust defendant has given on his property. Plaintiff purchased defendant's property at a foreclosure sale held pursuant to the power of sale of...

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