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DANIEL BOONE COMPLEX, INC. v. FURST

No. 7815SC847.

258 S.E.2d 379 (1979)

43 N.C. App. 95

DANIEL BOONE COMPLEX, INC., a North Carolina Corporation, Camilco, Inc., A Virginia Corporation, Clarence A. McGillen, Jr., and Linda S. Broyhill McGillen, Plaintiffs, v. Mitchell FURST, Individually, Mitchell Furst, Trustee, and Matthew Mezzanotte, Defendants. Mitchell FURST, Trustee, Plaintiff, v. CAMILCO, INC. and Clarence A. McGillen, Jr., Defendants. CAMILCO, INC., Plaintiff, v. Mitchell FURST, Trustee, Mitchell Furst, Individually, Daniel Boone Complex, Inc., Dalton H. Loftin, Trustee, James J. Freeland and wife, Maxine H. Freeland, Central Carolina Bank and Trust Company, Assignee, Matthew H. Mezzanotte and wife, Genevieve D. Mezzanotte, Defendants.

Court of Appeals of North Carolina.

October 2, 1979.

Attorney(s) appearing for the Case

Everett, Everett, Creech & Craven by Robinson O. Everett, Durham, and Robert E. Cooper, Chapel Hill, for plaintiffs-appellants.

Newsom, Graham, Hedrick, Murray, Bryson & Kennon by Josiah S. Murray III, Durham, for defendants-appellees.

ERWIN, Judge.

The threshold issue essential to determination of the questions raised by appellants is what were the respective rights of the parties at the beginning of the loan transactions?

Daniel Boone Complex, Inc. executed a purchase money deed of trust to the Freelands in the amount of $1,085,000 to secure the purchase price of the complex. This deed of trust had priority over the amount of money secured by the Furst-Camilco loan. Camilco asserts that...

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