Staunton Military Academy, Inc. v. Dockery

The rules applicable in testing the sufficiency of the complaint are well settled and need not be repeated. G.S. 1-151; Pressly v. Walker, 238 N.C. 732, 78 S.E. 2d 920, and cases cited.

Absent special circumstances, a foreclosure sale by a trustee in a junior deed of trust is made subject to prior liens on the property. The property was so conveyed to the trustee. He can sell and convey no better title than he acquired. Title vests in the purchaser subject to such prior liens. Bobbitt v. Stanton, 120 N.C. 253, 26 S.E. 817; Brett v. Davenport, 151 N.C. 56, 65 S.E. 611; Bank v. Watson, 187 N.C.…