Wilson v. Allsbrook

203 N.C. 498

Opinion

Stacy, O. J.,

after stating the case: From the pleadings, it would seem that plaintiffs are entitled to a finding on their allegation that the note secured by the third deed of trust has been paid or was to be paid from rents collected by the defendant. Stockton v. Lenoir, 201 N. C., 88, 158 S. E., 856, S. c., 198 N. C., 148, 150 S. E., 886; Parker Co. v. Bank, 200 N. C., 441, 157 S. E., 419; Justice v. Coxe, 198 N. C., 263, 151 S. E., 252; Bank v. Winslow, 193 N. C., 470, 137 S. E., 320; Typewriter Co. v. Hardware Go., 143 N. C., 97, 55 S. E., 417; Evans v. Freeman, 142 N. C., 61, 54 S. E., 847; Gooch v. Vaughan, 92 N. C., 611. To this end, the order of confirmation will be vacated and the cause remanded for further proceedings as to justice appertains and as the rights of the parties may require.

Error and remanded.