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LITTLE v. STOGNER

No. COA99-1406.

536 S.E.2d 334 (2000)

Mary Ellison LITTLE and Robert J. Ellison, Plaintiff, v. Jack Douglas STOGNER, individually, and Jack Douglas Stogner, as Administrator of the Estate of Peggy W. Stogner and Jeffrey W. Malickson, Trustee, Defendants.

Court of Appeals of North Carolina.

October 17, 2000.

Attorney(s) appearing for the Case

Erwin and Bernhardt, P.A., by Fenton T. Erwin, Jr. and Peter F. Morgan, Charlotte, for plaintiff-appellees.

Smith Helms Mulliss & Moore, L.L.P., by Thomas D. Myrick and Laura T. Beyer, Charlotte, for defendant-appellant.

HUNTER, Judge.

Jack Douglas Stogner ("defendant") appeals from a preliminary injunction entered by Judge Mark E. Klass enjoining the foreclosure under a power of sale contained in the deed of trust given by Mary Ellison Little and Robert J. Ellison ("plaintiffs") at the time of their purchase of real estate from defendant. Defendant brings forward several assignments of error. However, we are unable to reach the merits of these arguments as defendant's appeal is not...

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