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SMITHERS v. TRU-PAK MOVING SYSTEMS, INC.

No. COA94-1441.

468 S.E.2d 410 (1996)

121 N.C. App. 542

Charles J. SMITHERS, and Mildred J. Smithers, Plaintiffs, v. TRU-PAK MOVING SYSTEMS, INC., Defendant.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Corne, Corne & Grant, P.A., by Robert M. Grant, Jr., and Peter R. Gruning, Newton, for plaintiffs-appellants.

Oma H. Hester, Jr., P.C., by Oma H. Hester, Jr., Hickory, for defendant-appellee.

LEWIS, Judge.

Plaintiffs appeal from judgment entered for defendant after a jury trial.

Evidence presented at trial showed the following:

On 1 December 1992, plaintiffs' residence at 3621 10th Street Drive NE in Hickory, North Carolina, was sold at a foreclosure sale to Mark A. Wilson. On 17 February 1993, Wilson applied for a writ of possession pursuant to N.C.Gen.Stat. section 45-21.29 (1991). The writ, issued on 18 February 1993, directed the Sheriff...

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