Dunn v. Pate

EAGLES, Judge.

Plaintiffs’ sole assignment of error is whether the trial court committed reversible error by granting summary judgment in favor of defendants based on a finding that G.S. 39-13.1 or G.S. 52-8 cured the failure of the certifying officer to find and certify that the deed was not unreasonable or injurious to a subscribing wife. Plaintiffs agree that summary judgment is appropriate but argue that the evidence and stipulated facts would require entry of summary judgment in their favor. First, plaintiffs argue that G.S. 39-13.1 (a) purports to cure only an instrument “ ‘which is in…