(a) The following property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution:
(1) Goods, chattels, and real property belonging to him.
(2) Leasehold estates of three years duration or more owned by him.
(3) Equitable and legal rights of redemption in personal and real property pledged or mortgaged by him, or transferred to a trustee for security by him.
(4) Real property or goods and chattels of which any person is seized or possessed in trust for him.
(5) Choses in action represented by instruments which are indispensable to the chose in action.
(6) Choses in action represented by indispensable instruments, which are secured by any interest in property, together with the security interest in property.
(7) Interests as vendee under conditional sales contracts of personal property.
(b) Upon the sale under execution of any property or interest for which no provision is otherwise made under this article for the furnishing of a deed or other instrument of title, the officer holding the sale shall execute and deliver to the purchaser a bill of sale.
(c) No execution shall be levied on growing crops until they are matured. (5 Geo. II, c. 7, s. 4; 1777, c. 115, s. 29, P.R.; 1812, c. 830, ss. 1, 2, P.R.; 1822, c. 1172, P.R.; 1844, c. 35; R.C., c. 45, ss. 1-5, 11; Code, ss. 450, 453; Rev., ss. 629, 632; 1919, c. 30; C.S., s. 677; 1961, c. 81.)
Notes of Decisions
Cited in
8
cases, 1956–2018 · leading case:
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
· cites it 3× “§ 1-315 (a) (2017). Instances may arise, however, in which a judgment-debtor has no such tangible property that can be reached by execution; therefore, the outstanding judgment remains unsatisfied.”
Songwooyarn Trading Co. v. Sox Eleven, Inc., 723 S.E.2d 569 (N.C. Ct. App. 2012).
· cites it 4× “” N.C. Gen. Stat. § 1-315 (a)(1) (2011). However, here, the trial court’s order does not compel the sale of any property but, rather, prohibits the transfer, disposal, or removal of property or assets within North Carolina by defendant Ahn unless the property is declared exempt…”
Cornelius v. Albertson, 93 S.E.2d 147 (N.C. 1956).
· cites it 2× “1-315 states the property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution as hereinafter prescribed, and sub-section 4 of this statute makes it apply to “real property or goods and chattels…”
Grabenhofer v. Garrett, 131 S.E.2d 675 (N.C. 1963).
“G.S. 1-315. Thus, whether his said contention is rejected or accepted, plaintiff’s motion for appointment of a receiver was properly denied.”
Mica Indus., Inc. v. Penland, 107 S.E.2d 120 (N.C. 1959).
“G.S. 1-315. A levy made on property of a person other than the judgment debtor constitutes a trespass.”
Walker Mfg. Co. v. Dickerson, Inc., 510 F. Supp. 329 (W.D.N.C. 1980).
“G.S. 1-315. It appears without question that Edwards’ assignment of its judgment represents a loss to it of all rights and interests in the $97,000.”
Davenport v. Ralph N. Peters & Co., 274 F. Supp. 99 (W.D.N.C. 1966).
· cites it 3× “See N.C.G.S. §§ 1-315, 1-440.4. Defendants Peters and Chase are not prevented from challenging the court’s ex parte findings on which the attachment and temporary restraining order were based because of the substitution of their bond.”
— N.C. Gen. Stat. § 1-315(4) — 1 case
Cornelius v. Albertson, 93 S.E.2d 147 (N.C. 1956).
“1-315 states the property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution as hereinafter prescribed, and sub-section 4 of this statute makes it apply to “real property or goods and chattels…”
— N.C. Gen. Stat. § 1-315(a)(1) — 1 case
Songwooyarn Trading Co. v. Sox Eleven, Inc., 723 S.E.2d 569 (N.C. Ct. App. 2012).
“” N.C. Gen. Stat. § 1-315 (a)(1) (2011). However, here, the trial court’s order does not compel the sale of any property but, rather, prohibits the transfer, disposal, or removal of property or assets within North Carolina by defendant Ahn unless the property is declared exempt…”
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