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UPTON v. UPTON

No. 7116DC615.

183 S.E.2d 866 (1971)

12 N.C. App. 579

Charles Elton UPTON v. Mary Roberts UPTON.

Court of Appeals of North Carolina.

Certiorari Denied December 14, 1971.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

McLean, Stacy, Henry & McLean, by William S. McLean, Lumberton, for defendant appellee.

VAUGHN, Judge.

The court's finding that plaintiff wilfully failed to deliver possession of the truck as ordered is supported by the evidence. Plaintiff's explanation of his refusal to surrender the truck was as follows:

"* * * As to why I didn't turn that truck over to Mr. McLean as the Court ordered me to do, on the advice of counsel, first of all. And I could not afford to in order to continue on working, to make a living for myself and do what I can. My...

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