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  5. 434 S.E.2d 648 (1993)
 

MATTER OF NEWCOMB

No. 928SC627.

434 S.E.2d 648 (1993)

In the Matter of the Foreclosure of the Deed of Trust of Fred C. NEWCOMB and Wife, Carolyn R. Newcomb, Grantor.

Court of Appeals of North Carolina.

September 21, 1993.

Attorney(s) appearing for the Case

Everett, Wood, Womble, Finan & Riddle by J. Darby Wood, Goldsboro, for plaintiff-appellant.

Horton, Crutchfield & Hulbert by Robert B. Hulbert, Jr. and Karen M. Crutchfield, Snow Hill, for trustee-appellee.

JOHN, Judge.

Mortgagor Fred C. Newcomb (Newcomb) assigns as error the trial court's denial of his "Motion in the Cause" for remission of a portion of the commission claimed by trustee Joseph Horton (trustee) and the court's approval of $10,000.00 as the amount of commission. For the reasons which follow, we reverse the court's order.

The facts are not in dispute. A deed of trust was executed on 30 April 1984 securing an $80,000.00 principal indebtedness of...

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