Smithers v. Tru-Pak Moving Systems, Inc.

LEWIS, Judge.

Plaintiffs appeal from judgment entered for defendant after a jury trial.

Evidence presented at trial showed the following:

On 1 December 1992, plaintiffs’ residence at 3621 10th Street Drive NE in Hickory, North Carolina, was sold at a foreclosure sale to Mark A. Wilson. On 17 February 1993, Wilson applied for a writ of possession pursuant to N.C. Gen. Stat. section 45-21.29 (1991). The writ, issued on 18 February 1993, directed the Sheriff of Catawba County “to immediately remove” the Smithers “and their personal property from the premises” and to put Wilson in possession.…