Legal Opinion

Huggins v. Dement

Court of Appeals of North Carolina

Decided May 24, 1972No. 7210SC180PublishedCited by 7 opinions

1Opinion of the Court

MORRIS, Judge.

Plaintiffs contend that the trial court erred in ruling the complaint failed to state a claim upon which relief can be granted.

“. . . [Statutory provisions are, by operation of law incorporated in all mortgages and deeds of trust and control any sale under such instruments.” In re Register, 5 N.C. App. 29, 35, 167 S.E. 2d 802, 807 (1969).

G.S. 45-21.17 (a) provides that “When the instrument pursuant to which a sale of real property is to be held contains provisions with respect to posting or publishing notice of sale of the real property, such provisions shall be complied with,…

2Cases cited14 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Sutton v. DukeSupreme Court of North Carolina · 1970
  3. National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
  4. Mills v. . Building Loan Assn.Supreme Court of North Carolina · 1940
  5. Davis v. . DoggettSupreme Court of North Carolina · 1937

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Turner v. BlackburnDistrict Court, W.D. North Carolina · 1975
  2. Royal Business Funds Corp. v. South Eastern Development Corp.Court of Appeals of North Carolina · 1977
  3. Sloop v. LondonCourt of Appeals of North Carolina · 1975
  4. Britt v. BrittCourt of Appeals of North Carolina · 1975
  5. Albemarle Realty & Mortgage Co. v. Peoples Bank of Virginia BeachCourt of Appeals of North Carolina · 1977

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API