Lowe's of Fayetteville, Inc. v. Quigley

MARTIN (Robert M.), Judge.

The plaintiff by its first assignment of error contends that because its complaint states a claim for relief for indebtedness arising out of the unpaid account, the court erred in allowing defendants’ motion for judgment on the pleadings and summary judgment and in dismissing plaintiff’s entire cause of action when the notice of claim of lien was fatally defective.

It is well settled that “[t]he statutory lien is incident to and security for a debt. There can be no lien in the absence of an underlying debt.” Eason v. Dew, 244 N.C. 571, 574, 94 S.E. 2d 603, 606 (1956).…