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NORTHWESTERN BANK v. ROBERTSON

No. 7528SC55.

213 S.E.2d 363 (1975)

25 N.C. App. 424

The NORTHWESTERN BANK, Trustee of Inter Vivos Trust created by Reuben B. Robertson, Deceased, Petitioner, v. Logan T. ROBERTSON, Individually and as Executor of the Last Will and Testament of Reuben B. Robertson, Deceased, et al., Respondents.

Court of Appeals of North Carolina.

April 16, 1975.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips, by William C. Morris, and Bennett, Kelly & Cagle, P. A., by E. Glenn Kelly, Asheville, for prospective intervenor appellants.

Walter L. Currie, Asheville, for respondent appellees Logan T. Robertson, Jr., and Mary Norburn Robertson.

Roberts & Cogburn, by Max O. Cogburn, Asheville, for respondent appellees Scott A. Robertson and Ashley Nicholette Robertson.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis, P. A., by O. E. Starnes, Jr., Asheville, for respondent appellees Reuben B. Robertson, III, Clark Norburn, et al.

Fairley, Hamrick, Monteith & Cobb, by James D. Monteith, Charlotte, for respondent appellee Amerette Robertson.

ARNOLD, Judge.

The only question presented by this appeal is whether the successful bidder at an auction sale may intervene to contest a motion to enjoin conveyance of the property which was the subject of the auction sale. We answer that question "yes".

As the purported purchasers of the property in question the appellants are entitled to intervene under G.S. § 1A-1, Rule 24, which provides in part:

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