# Albemarle Realty & Mortgage Co. v. Peoples Bank of Virginia Beach

> Court of Appeals of North Carolina · November 16, 1977 · 34 N.C. App. 481

URL: https://www.frixlaw.com/law-library/cases/6733834

## Case

- **Full name:** ALBEMARLE REALTY AND MORTGAGE COMPANY, INC. and C. T. S. KEEP v. PEOPLES BANK OF VIRGINIA BEACH EDWARD T. CATON, III, Trustee LENNIE L. HUGHES, Substitute Trustee MARY VIRGINIA HOLLADAY and GRAYSON M. WHITEHURST CARL R. TOUCHER and wife, MILDRED M. TOUCHER, HERBERT D. TOUCHER ALFRED MAGILL RANDOLPH RALPH GROVES BILLY D. WILLIAMS, and VIRGINIA S. FLACOMIO
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 16, 1977
- **Citations:** 34 N.C. App. 481; 238 S.E.2d 622; 1977 N.C. App. LEXIS 1723
- **Precedential status:** Published
- **Opinion:** Concurrence by Vaughn
- **Judges:** Clark, Morris, Vaughn
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6733834

## Opinion text

Judge VAUGHN
concurring.
I agree that it was error to grant plaintiffs’ motion for summary judgment. I also concur in the opinion of the majority that the Hughes affidavit raised a question of fact of whether the notice was posted at the courthouse for thirty days prior to the sale. I do not agree, however, with the majority’s interpretation of G.S. 45-21.17 as it was written prior to the 1975 amendment. In my opinion, defendants are correct in their argument that they complied with the statute when they advertised in the newspaper according to the terms of the deed of trust.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6733834. Public record. Not legal advice.