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Harris v. Crowder

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


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

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Issue

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Holding and Reasoning (Neely, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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