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60-2416. Sheriff's deed as evidence of legality; sufficiency of order. Every deed for any lands or tenements heretofore or hereafter made and executed by any sheriff or other officer, purporting to have been made under or in pursuance of any execution, process or judgment of any court of record in this state, shall be sufficient evidence of the legality of the sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and perfect an estate in the premises therein mentioned as was vested in the person or persons against whom the execution, writ or order was issued at or after the time when such lands and tenements became liable to the satisfaction of the judgment or lien for which the same was sold. Any order of confirmation of any such sale shall be sufficient if it shall appear that the court ordered such sheriff or other officer to make to the purchaser a deed or certificate of sale for the lands and tenements so sold. Title to the property thereby conveyed shall vest in the grantee as of the date of execution of the sheriff's deed.

History: L. 1963, ch. 303, 60-2416; January 1, 1964.

Source or prior law:

L. 1899, ch. 94, § 1; L. 1909, ch. 182, § 502; R.S. 1923, 60-3465.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3465 and the 1961 Supp. thereto.

1. Attaching creditor acquires interest of its debtor in property attached. Wallace v. Magie, 214 K. 481, 486, 522 P.2d 989.


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