Phil Mechanic Const. Co., Inc. v. Haywood

EAGLES, Judge.

I

Plaintiffs first assign as error the trial court’s dismissal of this action on the deed of trust as to defendant Geneva Haywood, as res judicata.

The basis of plaintiffs’ argument is that the former proceeding before the Clerk of Superior Court was brought under G.S. 45-21.1 et seq. and is neither a civil action or a special proceeding. Plaintiff further argues that G.S. 45-21.2 clearly states that the “right to foreclose by action in court” is not affected by a proceeding under this article. We disagree.

G.S. 1-1 provides that “[rjemedies in the courts of justice are divided…