BRANCH BANKING & TR. v. HOME FED. S. & L.

No. 863SC202.

354 S.E.2d 541 (1987)

BRANCH BANKING & TRUST COMPANY v. HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF EASTERN NORTH CAROLINA and Ralph L. Tyson, Sheriff of Pitt County.

Court of Appeals of North Carolina.

April 7, 1987.


Attorney(s) appearing for the Case

Allen, Hooten & Hodges by John M. Martin, Kinston, for plaintiff-appellee.

Everett, Everett, Warren & Harper by C.W. Everett, Sr., Edward J. Harper, II, and Ryal W. Tayloe, Greenville, for defendant-appellant.


COZORT, Judge.

In this appeal we consider whether the mortgage estate on land held in trust by a first lienholder merged with the fee simple estate obtained by the lienholder when it accepted and recorded a deed from the mortgagor conveying the encumbered land to the lienholder, thus allowing a junior lienholder to obtain clear title to the land by purchasing it at a sheriff's sale. We hold the doctrine of merger does not apply in this case and that the junior lienholder...

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