General Realty Co. v. Lewis

ClakiísoN, J.

The question involved : Is the defendant’s objection to plaintiff’s title sufficiently grounded to avoid a decree of specific performance? We think so.

The deed of trust from H. 0. Buzzaird and wife, Ida L. Buzzaird, to Ernest F. Smith, trustee, dated 1 September, 1927, is to secure certain gold notes for money loaned, in the sum of $4,500. The same was duly recorded in Henderson County, N. C., Book 124, page 113, registry of deeds. It is set forth in the record, “Exhibit A,” as a part of the agreed statement of facts. The alternate trustee in the deed of trust sold the land after…