Mica Industries, Inc. v. Penland

Bobbitt, J. '

The -only question presented is whether -the court erred in sustaining the demurrer to amended complaint. (The judgment did not dissolve the restraining order, nor did it dismiss -the action.)

Plaintiff does not attack the judgment or the execution. But the judgment is against Minerals Processing Company, not against plaintiff; and the execution authorizes the sheriff to levy on and to sell property of Mineral© Processing Company, -not property of plaintiff.

Only property of the judgment debtor may be levied on and sold under execution. G.S. 1-315. A levy made on property of a…