FIRST SOUTHERN SAV. BANK v. TUTON

No. 9319SC1007.

443 S.E.2d 345 (1994)

114 N.C. App. 805

FIRST SOUTHERN SAVINGS BANK, Plaintiff, v. Garland W. TUTON and Sue C. Tuton, Defendants.

Court of Appeals of North Carolina.

May 17, 1994.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Jeffrey E. Oleynik and James R. Saintsing, Greensboro, for plaintiff appellant.

McMillan, Kimzey & Smith by James M. Kimzey and Katherine E. Jean, Raleigh, for defendant appellees.


COZORT, Judge.

Plaintiff instituted this cause of action against defendants seeking to recover deficiencies allegedly remaining after foreclosure of the deeds of trust securing six promissory notes. Plaintiff alleges that the promissory note identified in the pleadings as the "Island Resort Note" was secured by a deed of trust conveying a certain parcel of land.

The parties entered into the deed of trust securing the "Island Resort Note" on 22 July 1987 in...

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