§ 45-5. Foreclosures by representatives validated. - North Carolina Statutes

§45‑5.  Foreclosures by representatives validated.

In all actions which werebrought or prosecuted prior to the fourth day of March, 1905, for theforeclosure of any mortgage or deed in trust by any executor or administratorof any deceased mortgagee or trustee where the heirs of the mortgagee were dulymade parties and regular and orderly decrees of foreclosure entered by thecourt and sale had by a commissioner appointed by the court for that purposeand deed made after confirmation, the title so conveyed to purchaser at suchjudicial sale shall be deemed and held to be vested in such purchaser, whetherthe heir of such deceased mortgagee or trustee was a party to such foreclosureproceeding or not, and such heir of any deceased mortgagee is estopped to bringor prosecute any further action against such purchaser for the recovery of suchproperty or foreclosure of such mortgage or deed in trust. (1905,c. 425, s. 2; Rev., s. 1032; C.S., s. 2579.)