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SCHILLER v. SCOTT

No. 855SC1347.

345 S.E.2d 444 (1986)

Mary S. SCHILLER v. David H. SCOTT and Dorothy Bell Scott, and David E. Huffine, Substitute Trustee.

Court of Appeals of North Carolina.

July 15, 1986.

Attorney(s) appearing for the Case

Yow, Yow, Culbreth & Fox by Stephen E. Culbreth and Ralph S. Pennington, Wilmington, for plaintiff-appellant.

Carter & Carter, P.A. by James Oliver Carter, and Burney, Burney, Barefoot, Bain & Crouch by Auley M. Crouch, III, Wilmington, for defendant-appellee.

WHICHARD, Judge.

Plaintiff contends the court erred in granting summary judgment in favor of defendant Dorothy Scott. Specifically, she contends the court erred in holding that the Scott deed of trust is a valid lien upon the subject property with priority over the Schiller deed of trust. We disagree.

N.C.Gen.Stat. 47-20, the recording statute for deeds of trust, provides:

No deed of trust or mortgage of real or personal property, or of a leasehold...

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