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BENEFICIAL MORTG. v. PETERSON

No. COA03-4.

592 S.E.2d 724 (2004)

BENEFICIAL MORTGAGE CO. OF NORTH CAROLINA, Plaintiff, v. Steve PETERSON d/b/a Decked Out, Paul A. Dix, Mary J. Dix, Sam C. Ogburn, Jr. and Terry N. Renegar, Defendants.

Court of Appeals of North Carolina.

March 2, 2004.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, P.L.L.C., by Alan B. Powell and Christopher C. Finan, High Point, for plaintiff-appellee.

Hatfield, Mountcastle, Deal, Van Zandt & Mann, L.L.P., by John P. Van Zandt, III and Marc Hunter Eppley, Winston-Salem, for defendants-appellants Sam C. Ogburn, Jr. and Terry N. Renegar.

No brief filed on behalf of defendant Steve Peterson d/b/a Decked Out.

No brief filed on behalf of defendants Paul A. Dix and Mary J. Dix.

GEER, Judge.

This appeal arises out of a real property title dispute between plaintiff Beneficial Mortgage Co. of North Carolina, which holds a deed of trust in the subject property, and defendants Sam C. Ogburn Jr. and Terry N. Renegar, who claim title through an execution sale conducted to satisfy a materialman's lien in favor of defendant Steve Peterson d/b/a Decked Out. Because (1) defendants did not assign error to...

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