Legal Opinion
Leffew v. Orrell
Court of Appeals of North Carolina
Decided February 25, 1970No. 7017SC58PublishedCited by 8 opinions
1Opinion of the CourtBrock, J.
Did the trial court err in entering judgment of involuntary non-suit?
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 contract. [Citations]
“ ‘The law seems to be settled in this State that there must be a debt due from the owner of the property before there can be a lien. The…
2Cases cited6 opinions
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Beacon Homes, Inc. v. HoltSupreme Court of North Carolina · 1966
- GENERAL AIR CONDITIONING COMPANY v. DouglassSupreme Court of North Carolina · 1954
- Brown v. . WardSupreme Court of North Carolina · 1942
- Dean v. MattoxSupreme Court of North Carolina · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gibson v. Mutual Life Insurance Co. of New YorkCourt of Appeals of North Carolina · 1996
- H & B COMPANY OF STATESVILLE v. HammondCourt of Appeals of North Carolina · 1973
- Grissom v. North Carolina Department of RevenueCourt of Appeals of North Carolina · 1977
- Howell v. C. M. Allen & Co.Court of Appeals of North Carolina · 1970
- Lowe's Companies, Inc. v. LipeCourt of Appeals of North Carolina · 1973
3 more not listed; retrieve them via the Exa API.