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242 N.C. 605

Fleishel v. Jessup

Supreme Court of North Carolina

Decided September 21, 1955

Supreme Court of North Carolina · decided 1955-09-21

Cited by 1 later decisions — most recently September 1956

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1955-09-21

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PeR CuRiam.

¶1The action of the court must be held for error. There can be no deficiency until there is a sale. At present all parties are unadvised as to what the land will bring at public sale. The determination of the issue as to whether the enumerated structures were real property or personal property and the value of the land at present must await the sale. It follows that the judgment entered was premature. Judgment entered is vacated, and the cause is remanded to the end that the sale may be had. The court may then determine the amount of the deficiency judgment — -if any- — to which plaintiff is entitled and the other questions and issues raised by the pleadings.

¶2Error and remanded.

WinboRNE and Higgins, JJ., took no part in the consideration or decision of this case.
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