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UNION GROVE MILL. AND MFG. CO. v. FAW

No. 9023SC972.

404 S.E.2d 508 (1991)

103 N.C. App. 166

UNION GROVE MILLING AND MANUFACTURING COMPANY, Plaintiff, v. John A. FAW, Mary Edna Gaither Faw (now Mary Edna Gaither); N.C. Dairy Herd Improvement Assoc., Inc., Dale Pierce, Robert Laney, NCNB National Bank of North Carolina, Steve Adams, Benny Foster and Bartlett Milling Company, Defendants.

Court of Appeals of North Carolina.

June 4, 1991.

Attorney(s) appearing for the Case

Eisele & Ashburn, P.A. by Douglas G. Eisele, Statesville, for plaintiff-appellee.

Hall and Brooks by John E. Hall, Wilkesboro, for defendants-appellants.

WYNN, Judge.

This appeal involves the effect of a judgment lien against one spouse on marital property which, by virtue of a divorce decree, has been converted into property held as a tenancy in common and which, by virtue of a subsequent equitable distribution award, has been awarded to the non-debtor spouse. The specific issue here is whether the non-debtor spouse takes the property subject to the lien of judgment.

Plaintiff brought this action as a special...

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