Harris v. Crowder

322 S.E.2d 854 (1984)

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Nature of the Case

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Facts

The Crowders (D) owned a family house purchased by a purchased money note as security for the house. They lived on the premises but at the time of this creditors' suit was brought Mr. Crowder was living elsewhere. In the circuit court, Harris (P) tried to enforce a March 1982 judgment against Mr. Crowder for $9,241 by forcing the sale of the real property owned jointly by Ds. The commissioner's lien report came back stating that P had an eleventh priority lien against the property as Mr. Crowder has a small army of creditor's chasing him. The Court ordered the property sold but then certified on its own motion the ability of the Court to order such a sale.