BRINSON v. KIRBY

No. 166.

110 S.E.2d 482 (1959)

251 N.C. 73

Vertle Mercer BRINSON v. Jessie KIRBY t/a Warsaw Feed Mills, Ralph Miller, Sheriff of Duplin County, and Bobbie Brinson.

Supreme Court of North Carolina.

October 14, 1959.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff appellant.

H. E. Phillips, Kenansville, for defendant appellee.


RODMAN, Justice.

The owner of property may bring an independent action to prevent the sale of his property under execution issuing on a judgment to which he is not a party and for which he is not responsible. Mica Industries, Inc. v. Penland, 249 N.C. 602, 107 S.E.2d 120.

Appellee predicates his right to sell the crops on the theory that they were produced on land owned by the judgment debtor...

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