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MATTER OF FORECLOSURE OF PROPERTY OF JOHNSON

No. 123PA85.

338 S.E.2d 104 (1986)

315 N.C. 388

In the Matter of the FORECLOSURE OF PROPERTY OF Estelle C. JOHNSON.

Supreme Court of North Carolina.

January 7, 1986.

Attorney(s) appearing for the Case

Parker & Smith by Daniel E. Smith and Gerald C. Parker, Greensboro, for petitioner-appellants.

Edwards & Atwater by Phil S. Edwards, Siler City, for respondent-appellee.

PER CURIAM.

The record discloses that the trial judge was unable to properly settle the record on appeal: the record did not show nor did the trial judge have any independent recollection of whether several critical documents were offered into evidence. Therefore, in the interests of justice and pursuant to our constitutional supervisory power and Rule 2 of the North Carolina Rules of Appellate Procedure, the decision of the Court of Appeals and the order of the superior...

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