§ 46-19. Confirmation and impeachment of report. - North Carolina Statutes

§46‑19.  Confirmation and impeachment of report.

(a)        If no exception tothe report of the commissioners is filed within 10 days, the same shall beconfirmed. Any party after confirmation may impeach the proceedings and decreesfor mistake, fraud or collusion by petition in the cause: Provided, innocentpurchasers for full value and without notice shall not be affected thereby.

(b)        If an exception tothe report of commissioners is filed, the clerk shall do one of the following:

(1)        Confirm the report;

(2)        Recommit the reportfor correction or further consideration;

(3)        Vacate the reportand direct a reappraisal by the same commissioners; or

(4)        Vacate the report,discharge the commissioners, and appoint new commissioners to view the premisesand make a partition of them.

(c)        Appeal from theclerk to superior court of an order of confirmation of the report ofcommissioners is governed by G.S. 1‑301.2 except that the judge may takeonly the actions specified in subsection (b) of this section and may notadjudge a partition of the land different from that made by the commissioners. (1868‑9,c. 122, s. 5; Code, s. 1896; Rev., s. 2494; C.S., s. 3230; 1947, c. 484, s. 2;1999‑216, s. 11.)