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NORTH STATE SAV. & LOAN CORP. v. CARTER DEVELOPMENT CO., INC.

No. 863SC495.

350 S.E.2d 374 (1986)

83 N.C. App. 422

NORTH STATE SAVINGS & LOAN CORPORATION, Plaintiff, v. CARTER DEVELOPMENT COMPANY, INC., James D. Carter, Sandra F. Carter, G. Howard Satterfield and Joyce Satterfield, Defendants, and R.J. Robbins, Intervenor.

Court of Appeals of North Carolina.

November 25, 1986.

Attorney(s) appearing for the Case

Petree, Stockton & Robinson by J. Neil Robinson, Charlotte, for intervenor-appellant.

Ward & Smith by Michael P. Flanagan, New Bern, for defendants-appellees.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. David S. Crump, Raleigh, amicus curiae for R.J. Robbins.

WEBB, Judge.

The sale in this case was conducted pursuant to G.S. 1-440.44 which provides in part:

(a) The sheriff shall apply to the clerk or the judge for authority to sell property, or any share or interest therein, seized pursuant to an order of attachment, (1) If the property is perishable, or (2) If the property is not perishable, but a. Will materially deteriorate in value pending litigation.

Neither party questions...

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