Montgomery v. Fuquay-Mouser, Inc.

DODSON, Justice.

The holder of an unpaid purchase money lien brought this action for a writ of possession of a tractor against the original purchaser Otis Johnson and a subsequent purchaser W. W. Montgomery d/b/a Montgomery Tractor Company. The seller-lienholder, Fuquay-Mouser, Inc. d/b/a Red River Farm Supply, took a default judgment against Otis Johnson and proceeded against W. W. Montgomery who was in possession of the tractor. Montgomery contested Fu-quay-Mouser’s right to repossess the tractor, alleging that the plaintiffs had waived their lien and were estopped from asserting it. At…