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LEFFEW v. ORRELL

No. 7017SC58.

172 S.E.2d 243 (1970)

7 N.C. App. 333

W. J. LEFFEW v. Sarah Nelson ORRELL, Executrix of W. Harris Nelson, Jr., and Sarah H. Nelson Orrell, Individually.

Court of Appeals of North Carolina.

February 25, 1970.

Attorney(s) appearing for the Case

Thomas S. Harrington, Eden, for plaintiff.

Walker & Walker, by James R. Walker and W. T. Combs, Jr., Eden, for defendants.

BROCK, Judge.

Did the trial court err in entering judgment of involuntary nonsuit?

In Brown v. Ward, 221 N.C. 344, 20 S.E.2d 324, in an opinion by Barnhill, J. (later C.J.), it is said:

"In order to create a lien in favor of a person who builds a house upon the land of another the circumstances must be such as to first create the relationship of debtor and creditor, and then it is for the debt that he has a lien. The lien does not exist without a...

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