Harris v. Crowder

322 S.E.2d 854 (1984)

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Harris v. Crowder

West Virginia Supreme Court of Appeals
322 S.E.2d 854 (1984)

  • Written by Patrick Busch, JD

Facts

The Crowders (defendants), as husband and wife, were joint owners of a piece of land. The husband was subject to several judgment liens. One of Mr. Crowder’s creditors, Harris (plaintiff), filed suit to sell the property to enforce his lien (the property could not be partitioned in kind). Mrs. Crowder moved to dismiss the action. The trial court then certified to the state supreme court the question of whether a judgment lien creditor could force a judicial sale of jointly-held property when the judgment was against only one of the joint property owners.

Rule of Law

Issue

Holding and Reasoning (Neely, J.)

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