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DRUMMOND v. CORDELL

No. 8430SC598.

326 S.E.2d 292 (1985)

Patricia McLean DRUMMOND v. Earl CORDELL, d/b/a Cordell's Body Shop; and Melody M. Cordell.

Court of Appeals of North Carolina.

March 5, 1985.

Attorney(s) appearing for the Case

McLean & Dickson by Russell L. McLean, III, and Robert L. Ward, Waynesville, for plaintiff-appellee.

Roberts, Cogburn, McClure & Williams by Max O. Cogburn and Issac N. Northup, Jr., Asheville, for defendants-appellants.

HEDRICK, Chief Judge.

The opinion of this Court filed 15 January 1985 is hereby superseded by the following opinion.

We hold the trial court erred in concluding that the small claims judgment was void. That judgment could not be collaterally attacked, and it is proper on its face. Powell v. Turpin, 224 N.C. 67, 29 S.E.2d 26 (1944). Since the small claims judgment was proper, it authorized defendant-lienor to sell the automobile pursuant to G.S. 44A...

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