Supreme Court of North Carolina April 14, 1965, 284 (CERTAIN-TEED PRODUCTS CORPORATION v. Sanders)

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Bobbitt, J.

Before considering directly the questions presented, it seems appropriate to advert to the following uncontroverted matters.

(1) The deed of trust to Sedberry, Trustee, duly recorded since 1959, was a valid first lien on the property described therein.

(2) Plaintiff did not seek a personal judgment against defendants Howze on their $10,908.84 promissory note to Institute.