Simpson v. North Carolina Local Gov't Employees'Ret. Sys., 372 S.E.2d 559 (N.C. 1988). · Go Syfert
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Simpson v. North Carolina Local Gov't Employees'Ret. Sys., 372 S.E.2d 559 (N.C. 1988). Cases Citing This Book View Copy Cite
“as a general rule, proceeds of a foreclosure sale are, constructively at least, real property and stand in place of the land.”
136 citation events (47 in the last 25 years) across 7 distinct courts.
Strongest positive: Lynch v. Price Homes, Inc. (ncctapp, 2003-02-04)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Lynch v. Price Homes, Inc.
N.C. Ct. App. · 2003 · quote attribution · 1 verbatim quote · confidence high
as a general rule, proceeds of a foreclosure sale are, constructively at least, real property and stand in place of the land.
discussed Cited as authority (verbatim quote) Brumley v. Mallard, L.L.C. (2×) also: Cited "see, e.g."
N.C. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence high
purchase money debtor cannot waive the protection of the anti-deficiency statute
discussed Cited as authority (rule) In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc.
N.C. · 2012 · confidence medium
The costs and expenses listed in items (1), (2), and (3) are not the responsibility of the debtor or creditor, but rather “are simply obligations arising from the foreclosure sale which must be paid by the trustee before the remainder of the proceeds may be distributed.” Merritt v. Edwards Ridge, 323 N.C. 330, 336 , 372 S.E.2d 559, 563 (1988).
discussed Cited as authority (rule) State Ex Rel. Utilities Commission v. TOWN OF KILL DEVIL HILLS (2×)
N.C. Ct. App. · 2009 · confidence medium
Where one statute deals with a particular situation in detail but another "deals with it in general and comprehensive terms, the particular statute will be construed as controlling absent a clear legislative intent to the contrary." Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988)....
discussed Cited as authority (rule) State v. Childers
N.C. Ct. App. · 2002 · confidence medium
“Where, as here, one statute deals with a particular situation in detail, while another statute deals with it in general and comprehensive terms, the particular statute will be construed as controlling absent a clear legislative intent to the contrary.” Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988) (citation omitted).
discussed Cited as authority (rule) McCullough v. Branch Banking & Trust Co.
N.C. Ct. App. · 2000 · confidence medium
Additionally, “[w]here ... one statute deals with a particular situation in detail, while another statute deals with it in general and comprehensive terms, the particular statute will be construed as controlling absent a clear legislative intent to the contrary.” Merrit v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988); see also 82 C.J.S.
cited Cited as authority (rule) Crocker v. Delta Group, Inc.
N.C. Ct. App. · 1997 · confidence medium
Merritt v. Edwards Ridge, 323 N.C. 330, 336 , 372 S.E.2d 559, 563 (1988).
discussed Cited as authority (rule) Trull v. Central Carolina Bank & Trust
N.C. Ct. App. · 1996 · confidence medium
Expanding the decision in Merritt to this non-purchase money, commercial transaction would “deprive [s] the [defendants] of the benefits of a bargain, fairly and properly entered, which violates no established public policy.” Merritt, 323 N.C. at 338 , 372 S.E.2d at 564 (Whichard, J., dissenting).
discussed Cited as authority (rule) Adams v. Cooper (2×)
N.C. · 1995 · confidence medium
Id. at 335 , 372 S.E.2d at 562 (emphasis added).
cited Cited as authority (rule) Tenney v. Birdsall
N.C. · 1993 · confidence medium
Id. at 335 , 372 S.E.2d at 562 (emphasis added).
cited Cited as authority (rule) Matter of Foreclosure of Trust by Goforth
N.C. · 1993 · confidence medium
Id. at 335, 372 S.E.2d at 562 (emphasis added).
cited Cited as authority (rule) Nucor Corp. v. General Bearing Corp.
unknown court · 1992 · confidence medium
Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988).
discussed Cited as authority (rule) State ex rel. Utilities Commission v. Mountain Electric Cooperative, Inc.
N.C. Ct. App. · 1992 · confidence medium
Where one statute deals with a particular situation in detail but another “deals with it in general and comprehensive terms, the particular statute will be construed as controlling absent a clear legislative intent to the contrary.” Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988) (construing antideficiency statute and comprehensive statute governing awards of attorney’s fees and holding antidefi-ciency statute controlled and prohibited award of such fees).
cited Cited as authority (rule) Whitley v. Griffin
E.D.N.C. · 1990 · confidence medium
Merritt v. Edwards Ridge, 323 N.C. 330, 336 , 372 S.E.2d 559, 563 (1988).
discussed Cited "see" Vanderburg v. N.C. Department of Revenue (2×)
N.C. Ct. App. · 2005 · signal: see · confidence high
See Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988) (where one statute deals with a particular issue in specific detail and another speaks to the same issue in broad, general terms, the particular, specific statute will be construed as controlling, absent a clear legislative intent to the contrary); Trustees of Rowan Tech. v. J.
discussed Cited "see" Buncombe County Ex Rel. Blair v. Jackson
N.C. Ct. App. · 2000 · signal: see · confidence high
See Merritt v. Edwards Ridge, 323 N.C. 330, 337 , 372 S.E.2d 559, 563 (1988) (where a statute deals with a particular situation in detail, while another deals with it in general and comprehensive terms, the particular statute will be construed as controlling). “[M]edical support,” by definition, thus, does not include health insurance.
discussed Cited "see, e.g." In Re the Foreclosure of a Deed of Trust Executed by Fuller
N.C. Ct. App. · 1989 · signal: see also · confidence low
App. 597, 598, 232 S.E. 2d 870, 870 , disc. rev. denied, 292 N.C. 640 , 235 S.E. 2d 61 (1977); see also Merrit v. Ridge, 323 N.C. 330 , 372 S.E. 2d 559 (1988) (G.S. 45-21.38 limits a purchase money creditor to property conveyed in cases where the note and mortgage or deed of trust are executed to the seller and the securing instruments state that they are for the purpose of securing the balance of the purchase price.) G.S.
Retrieving the full opinion text from the archive…
Jesse R. SIMPSON, Richard D. Moore, on behalf of themselves and all others similarly situated
v.
NORTH CAROLINA LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM, a corporation; Board of Trustees of the North Carolina Local Government Employees' Retirement System, a body politic and corporate; E.T. Barnes, Director of the Retirement System Divisions and Deputy Treasurer for the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Local Government Employees' Retirement System (in his official capacity); and the State of North Carolina.
2A88.
Supreme Court of North Carolina.
Oct 6, 1988.
372 S.E.2d 559
Per Curiam.
Published

Anderson, Schiller & Rutherford, P.A. by Marvin Schiller, Raleigh, for plaintiffs-appellees.

Lacy H. Thornburg, Atty. Gen. by Norma S. Harrell, Asst. Atty. Gen., Raleigh, for defendants-appellants.

PER CURIAM.

AFFIRMED.