PATE v. THOMAS

No. 8724DC689.

365 S.E.2d 704 (1988)

J.D. PATE and wife, Mary Elizabeth Pate v. George R. THOMAS, Sheryl Thomas, Marcus Blanton and wife, Anna Belle Blanton.

Court of Appeals of North Carolina.

March 15, 1988.


Attorney(s) appearing for the Case

Lloyd Hise, Jr., Spruce Pine, for plaintiffs appellees.

Hal G. Harrison, Spruce Pine, for defendants appellants.


PHILLIPS, Judge.

The foregoing facts clearly establish that defendants breached their unqualified, unambiguous covenant that the property sold plaintiffs was free of encumbrances when they delivered the deed to plaintiffs while Northwestern Bank's unpaid deed of trust was still recorded against the property, Cover v. McAden, 183 N.C. 641, 112 S.E. 817 (1922), and the only question suggested by the facts is whether plaintiffs' suit is barred because they may...

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