HOWELL v. BUTLER

No. 818SC1277.

295 S.E.2d 772 (1982)

Nadine W. HOWELL, D. Edward Howell, and Charlotte Josey Howell v. Algernon L. BUTLER, Jr., Trustee, and Permelia W. Blake.

Court of Appeals of North Carolina.

October 5, 1982.


Attorney(s) appearing for the Case

Duke & Brown by J. Thomas Brown, Jr. and John E. Duke, Goldsboro, for the plaintiffs-appellants.

Taylor, Warren, Kerr & Walker by David E. Hollowell and Robert D. Walker, Jr., Goldsboro, for the defendants-appellees.


HEDRICK, Judge.

The only question presented by this appeal is whether the court erred in entering summary judgment for defendants. Plaintiffs argue the pleadings, affidavits and exhibits raise an issue of "fraud, duress or undue influence" in the defendants' execution of the promissory note and deed of trust. Plaintiffs contend that as a result of harassment and threats they signed the promissory note and Nadine Howell executed the deed of trust securing same. Defendants...

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