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COLSON & COLSON CONST. CO. v. MAULTSBY

No. 9018SC119.

405 S.E.2d 779 (1991)

103 N.C. App. 424

COLSON & COLSON CONSTRUCTION CO., an Oregon General Partnership, Plaintiff, v. James A. MAULTSBY and wife Laurel R. Maultsby, Sally T. Gilmore, as Substitute Trustee, and First Union National Bank, a National Banking Association, Defendants.

Court of Appeals of North Carolina.

July 16, 1991.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by S. Leigh Rodenbough IV, James H. Jeffries IV, and Daniel M. Sroka, Greensboro, for plaintiff-appellant.

Shope and McNeil, P.A. by Richard I. Shope and Michael L. Burton, Greensboro, for defendant-appellees James A. and Laurel R. Maultsby.

Carruthers & Roth, P.A. by Sally T. Gilmore, Greensboro, for defendant-appellee Sally T. Gilmore, Substitute Trustee.

PARKER, Judge.

Plaintiff instituted this action for declaratory relief under N.C.G.S. §§ 1-253 and 1-254 to determine defendants' entitlement to attorneys' fees under a purchase money note and deed of trust and for injunctive relief under N.C.G.S. § 45-21.34 prior to foreclosure.

Defendants James A. Maultsby and wife, Laurel R. Maultsby, sold property in Greensboro, North Carolina, to plaintiff, Colson...

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