State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-482

§1‑482.  Property claimed by third person; proceedings.

When the property taken by thesheriff is claimed by any person other than the plaintiff or defendant theclaimant may intervene upon filing an affidavit of his title and right to thepossession of the property, stating the grounds of such right and title, andupon his delivering to the sheriff an undertaking in an amount double the valueof the property specified in his affidavit, for the delivery of the property tothe person entitled to it, and for the payment of all such costs and damages asmay be awarded against him, this undertaking to be executed by one or moresufficient sureties, accompanied by their affidavits that they are each worthdouble the value of the property. A copy of this undertaking and accompanyingaffidavit shall be served by the sheriff on the plaintiff and defendant atleast 10 days before the return day of the summons in the action, when thecourt trying it shall order a jury to be impaneled to inquire in whom is theright to the property specified in plaintiff's complaint. The finding of thejury is conclusive as to the parties then in court, and the court shall adjudgeaccordingly, unless it is reversed upon appeal. However, this section shall notbe construed to prevent any such intervener or third person from interveningand asserting his claim to the property, or any part thereof, without givingbond as herein required, where such intervener or other third person does notask for possession of the property pending the trial of the issue. (1793,c. 389, s. 3, P.R.; R.C., c. 7, s. 10; C.C.P., s. 186; Code, s. 331; Rev., s.800; 1913, c. 188; C.S., s. 840; 1933, c. 131; 1971, c. 268, s. 30.2.)