Hassell v. Wilson

EXUM, Justice.

This case raises questions regarding the insufficiency of a sheriffs return of substituted service of process and the procedurally proper method of attacking it.

Plaintiffs, husband and wife, filing both a motion in the cause before the Pasquotank Clerk and a separate action in Pasquotank Superior Court, seek to have a clerk’s order in foreclosure of plaintiffs’ home and trustee’s deed to defendants set aside for failure to serve notice of the foreclosure hearing on plaintiff husband, Tex Hassell. Defendants counterclaim in the superior court action for possession of the property…