AUTO FINANCE COMPANY OF NORTH CAROLINA v. Simmons

This is a civil action instituted in the Durham County Civil Court to recover the sum of $300 on a conditional sale contract covering the defendant Simmons’ 1949 Lincoln automobile. As an ancillary remedy in the action, the plaintiff sued out a writ of claim and delivery to recover possession of the automobile.

The Durham County Civil Court was organized under Article 35 of Chapter 7 of the North Carolina General Statutes, with jurisdiction limited to $1,500.

The defendant Simmons filed answer denying the material allegations of the complaint, and by way of counterclaim alleged a series of…