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DAWN v. DAWN

No. COA95-864.

470 S.E.2d 341 (1996)

Jon N. DAWN and Ann E. Dawn, Plaintiffs, v. Joe Edward DAWN and wife Mildred H. Dawn; and Joe Edward Dawn, Jr., individually and as Trustee, Defendants.

Court of Appeals of North Carolina.

May 21, 1996.

Attorney(s) appearing for the Case

Corry, Cerwin & Luptak by Todd R. Cerwin, Kings Mountain, for plaintiffs-appellants.

Arthurs & Foltz by Nancy E. Foltz, Gastonia, for defendant-appellee Joe Edward Dawn, Jr.

WALKER, Judge.

Plaintiffs' complaint alleged the following facts: On 30 October 1980, defendants Joe Edward Dawn (plaintiff Jon N. Dawn's brother) and his wife Mildred H. Dawn (hereinafter defendants) borrowed the sum of $30,000 from plaintiffs. On that date, defendants executed a note evidencing the debt to plaintiffs and setting forth the terms of repayment. To secure the note, defendants executed a deed of trust to real property located in Gaston County, North...

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