Branch Banking & Tr. v. Home Fed. S. & L.

354 S.E.2d 541 (1987)

BRANCH BANKING & TRUST COMPANY

v.

HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF EASTERN NORTH CAROLINA and Ralph L. Tyson, Sheriff of Pitt County.

No. 863SC202.

Court of Appeals of North Carolina.

April 7, 1987.

Allen, Hooten & Hodges by John M. Martin, Kinston, for plaintiff-appellee.

Everett, Everett, Warren & Harper by C.W. Everett, Sr., Edward J. Harper, II, and Ryal W. Tayloe, Greenville, for defendant-appellant.

COZORT, Judge.

In this appeal we consider whether the mortgage estate on land held in trust by a first lienholder merged with the fee simple estate obtained by the…