IN RE WARRICK

No. 68SC119.

161 S.E.2d 630 (1968)

1 N.C. App. 387

In the Matter of the Sale of Land of Paul Avery WARRICK and wife, Shirley G. Warrick, under foreclosure by Joseph B. Chambliss, Substitute Trustee.

Court of Appeals of North Carolina.

June 12, 1968.


Attorney(s) appearing for the Case

Hubert B. Hulse, Goldsboro, for respondent appellants.

Henson P. Barnes, Goldsboro, for petitioner appellee.


MALLARD, Chief Judge.

Respondents assign as error the finding by the Superior Court that the writ of assistance issued by the Clerk of the Superior Court of Wayne County should be affirmed and contend that the signing of the judgment allowing the writ constitutes error.

G.S. § 45-21.29(k), prior to its amendment by Chapter 979, Session Laws of 1967, controls the disposition of this case. Prior to its amendment, it provided that in proper cases the Clerk...

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