ADAMS v. COOPER

No. 931SC561.

442 S.E.2d 141 (1994)

114 N.C. App. 459

Jack L. ADAMS, Plaintiff-Appellant, v. Larry D. COOPER, William A. Griffin, William M. Hooper, Jimmy R. Jenkins, Defendants-Appellees.

Court of Appeals of North Carolina.

April 19, 1994.


Attorney(s) appearing for the Case

Trimpi & Nash by John G. Trimpi, Elizabeth City, for plaintiff-appellant.

Twiford, Morrison, O'Neal & Vincent by Edward A. O'Neal, Elizabeth City, for defendants-appellees.


MARTIN, Judge.

The sole issue presented by this appeal is whether North Carolina's anti-deficiency statute, G.S. § 45-21.38, bars an in personam action against a non-mortgagor guarantor of a purchase money promissory note. For the reasons set forth herein, we hold that such a action is not statutorily barred and reverse the order of the trial court dismissing plaintiff's claim.

Our decision in this case requires us to interpret G.S. § 45-21...

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