§ 1-323. Purchaser of defective title; remedy against defendant. - North Carolina Statutes

§1‑323.  Purchaser of defective title; remedy against defendant.

Where real or personalproperty is sold on any execution or decree, by any officer authorized to makethe sale, and the sale is made legally and in good faith, and the property didnot belong to the person against whose estate the execution or decree wasissued, by reason of which the purchaser has been deprived of the property, orbeen compelled to pay damages in lieu thereof to the owner, the purchaser, hisexecutors or administrators, may sue the person against whom such execution ordecree was issued, or the person legally representing him, in a civil action,and recover such sum as he may have paid for the property, with interest fromthe time of payment; but the property, if personal, must be present at the saleand actually delivered to the purchaser. (1807, c. 723, P.R.; R.C., c.45, s. 27; Code, s. 468; Rev., s. 639; C.S., s. 685.)