Benson v. Barefoot

HUDSON, Judge.

Plaintiff appeals from an order of the superior court granting defendants’ motion to dismiss. For the reasons given below, we reverse and remand for further proceedings.

The facts alleged in the complaint and procedural history that are pertinent to this appeal are as follows. On 12 November 1990, Plaintiff borrowed money from William D. Johnson, Jr., who is not a party to this action. To secure repayment of the loan, Plaintiff executed and delivered to Johnson a deed for a tract of land in Johnston County. Pursuant to the agreement between Plaintiff and Johnson, Johnson was to…