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BENEFICIAL MORTGAGE CO. OF NORTH CAROLINA INC. v. BARRINGTON

No. COA03-512.

595 S.E.2d 705 (2004)

BENEFICIAL MORTGAGE CO. OF NORTH CAROLINA, INC., Plaintiff v. The BARRINGTON AND JONES LAW FIRM, P.A., f/k/a The Barrington Jones and Pikul Law Firm, P.A., Carl A. Barrington, Jr., and Benner Jones, III, Douglas M. Horne, County of Cumberland, a political subdivision of the State of North Carolina, White Mountains Services Corporation, f/k/a Source One Mortgage Services Corporation, Freddie McLean, Kanice Dee McLean and First-Citizens Bank & Trust Company, Defendants.

Court of Appeals of North Carolina.

May 4, 2004.

Attorney(s) appearing for the Case

Roberson, Haworth & Reese, P.L.L.C., by Robert A. Brinson, Alan B. Powell and Christopher C. Finan, High Point, for plaintiff appellee.

The Yarborough Law Firm, by Garrison Neil Yarborough, Fayetteville, for Freddie McLean, Kanice Dee McLean and First-Citizen Bank & Trust Company defendant appellants.

McCULLOUGH, Judge.

Before this Court is an appeal from summary judgment granted in favor of Beneficial Mortgage Co. of North Carolina, Inc. ("Beneficial"), on an action to quiet title and set aside a tax foreclosure sale. Issues on appeal relate only to the remaining named defendants Freddie and Kanice Dee McLean and First-Citizens Bank and Trust Company (collectively "defendants").

Mr. Douglas L. Horne and Mrs. Captola E. Horne ("the Hornes") acquired by...

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