Red House Furniture Co. v. Smith

JOHNSON, Judge.

Sheriff Gibson contends that the court erred in concluding that he, through his deputy, failed to take possession of the property described in the writ of possession and deliver it to the court and otherwise failed to execute the writ and that he had failed to show any defense as to why the judgment nisi should not be made absolute. Relying upon State v. Whitaker, 107 N.C. 802, 12 S.E. 456 (1890) and State v. Armfield, 9 N.C. 246 (1822), which hold that an officer may not break and enter a building against the consent of the owner for the purpose of making a levy on the goods…