EDWARDS v. BROWN'S CABINETS

No. 828SC378.

305 S.E.2d 765 (1983)

Essie H. EDWARDS v. BROWN'S CABINETS and Millwork, Inc., and Leo Harper, Sheriff of Lenoir County.

Court of Appeals of North Carolina.

August 16, 1983.


Attorney(s) appearing for the Case

White, Allen, Hooten, Hodges & Hines by John C. Archie, Kinston, for plaintiff-appellant.

Wells, Blossom & Burrows by Richard L. Burrows, Wallace, for defendants-appellees.


JOHNSON, Judge.

The primary issue in this appeal is whether the trial court acted properly in awarding summary judgment to defendant. Plaintiff first argues that the doctrine of res judicata, asserted as an affirmative defense by defendant, does not apply in this case to bar her action to have the judgment lien on her property removed as a cloud on her title. We agree with plaintiff on this point. In order for the doctrine of res judicata to apply, there...

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