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ELLIS v. ELLIS

No. 7714SC950.

247 S.E.2d 274 (1978)

38 N.C. App. 81

Ellen S. ELLIS (widow), Plaintiff-Appellee, v. Hilliard Ray ELLIS (single), Mary Elizabeth Ellis Rhodes and husband, Thomas Lawrence Rhodes, Bobby Richard Glosson and Richard Lawson Maguire, Defendants, and Annie Belle Ellis Currie and husband, Carey L. Currie, Martha Dale Ellis Glosson, and Frances Mildred Ellis Maguire, Applicants-Appellants.

Court of Appeals of North Carolina.

September 19, 1978.

Attorney(s) appearing for the Case

Kenneth C. Titus, Durham, for applicants-intervenors appellants.

W. Y. Manson and Lucy D. Strickland, Durham, for plaintiff-appellee.

Felix B. Clayton, Durham, for defendants.

ERWIN, Judge.

The first question presented by this appeal is whether the trial court erred in denying applicant-appellants' motion to intervene. We find no error in the order entered by Judge Hobgood.

G.S. 1A-1, Rule 24, provides in part:

(a) Intervention of right.—Upon timely application anyone shall be permitted to intervene in an action: (1) When a statute confers an unconditional right to intervene; or (2) When...

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