Fleishel v. Jessup

See former appeal, 242 N.C. 605, 89 S.E. 2d 462.

Appellants now present, among others, as involved on this appeal, these questions: Where defendants in their answer allege that certain property designated in the deed of trust as “machinery and equipment and other personal property” was actually affixed to and a part of the real property described therein, (1) was an issue of fact raised, and (2) did the court err in refusing to admit oral evidence as to the nature and kind of the property, so as to determine whether it was real or personal property? These questions are predicated upon…