Waff Bros. v. Bank of North Carolina, N.A.

LAKE, Justice.

The sole question before us is whether Judge Lanier erred in concluding and ordering that the temporary restraining order, restraining the sale under execution of the land in question, should be vacated so as to permit the defendant sheriff to sell such property prior to the hearing of this matter on its merits.

In determining that question, we are not bound by the findings of fact, or lack of such findings, by either of the lower courts, but may review the evidence and make our own findings of fact. Setzer v. Annas, 286 N.C. 584, 212 S.E. 2d 154; Board of Elders v. Jones, 273…