DIXIELAND REALTY COMPANY v. WYSOR

No. 210.

158 S.E.2d 7 (1967)

272 N.C. 172

DIXIELAND REALTY COMPANY, a corporation, Petitioner, v. Joe R. WYSOR and wife, Alice Wysor; Hawthorne Sales Company, Inc., a corporation; Sam Ware; Quentin Bollinger t/a Bollinger Electric Company; Nolen Concrete Supply Company; Bess Brothers, Inc., Rainbow Paint Store, J. A. Brown, Witten Supply Company, and Nixon Exterminating Company, B. B. Banner, Jr., Defendants.

Supreme Court of North Carolina.

December 13, 1967.


Attorney(s) appearing for the Case

Horace M. Dubose, III, Gastonia, for defendant appellants, Ware and Bollinger.

Joseph B. Roberts, III, Gastonia, for B. B. Banner, Jr.

Garland, Alala, Bradley & Gray, Gastonia, for Nolen Concrete Co. and Witten Supply Company.

No counsel contra.


BRANCH, Justice.

The question presented for decision by this appeal is whether the trial court erred in entering order denying motion of respondents Bollinger and Ware to marshal assets.

Appellants contend that the foreclosure of the senior deed of trust did not extinguish the lien of the junior deed of trust.

It is recognized in this jurisdiction that both equity and law permit the grantor in a deed of trust...

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