Brinson v. Kirby

The owner of property may bring an independent action to prevent the sale of his property under execution issuing on a judgment to which he is not a party and for which he is not responsible. Mica Industries v. Penland, 249 N.C. 602, 107 S.E. 2d 120.

Appellee predicates his right to sell the crops on the theory that they were produced on land owned by the judgment debtor and plaintiff as tenants by the entirety, and as the husband was entitled, to +.be nsufmct of the land, Hie crops were his. The conclusion would not seem necessarily to follow the premise, but the case was apparently tried on…