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BARBRE-ASKEW FINANCE v. THOMPSON

No. 309.

100 S.E.2d 381 (1957)

247 N.C. 143

BARBRE-ASKEW FINANCE, Inc. v. Maurice Wooten THOMPSON, individually, and R. J. Robinson, trading as R. J.'s Auto Service.

Supreme Court of North Carolina.

November 20, 1957.

Attorney(s) appearing for the Case

J. Harvey Turner, Kinston, for defendant-appellant Robinson.

Whitaker & Jeffress, Kinston, for plaintiff-appellee.

BOBBITT, Justice.

The validity of the debt due by Thompson to plaintiff and of plaintiff's chattel mortgage lien as security therefor was not and is not challenged. Nothing else appearing, plaintiff, on account of Thompson's default, was entitled to possession. The burden of proof was on Robinson to prove his allegations that he had a mechanic's lien on the Chevrolet and that his lien had priority over the lien of plaintiff's chattel mortgage. Hence, the court was...

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