State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-108

§1‑108.  Defense after judgment set aside.

If a judgment is set asidepursuant to Rule 60(b) or (c) of the Rules of Civil Procedure and the judgmentor any part thereof has been collected or otherwise enforced, such restitutionmay be compelled as the court directs.  Title to property sold under suchjudgment to a purchaser in good faith is not thereby affected.  No fiduciaryofficer or trustee who has made distribution of a fund under such judgment ingood faith is personally liable if the judgment is changed by reason of suchdefense made after its rendition; nor in case the judgment was rendered for thepartition of land, and any persons receiving any of the land in such partitionsell it to a third person; the title of such third person is not affected ifsuch defense is successful, but the redress of the person so defending afterjudgment shall be had by proper judgment against the parties to the originaljudgment and their heirs and personal representatives, and in no case affectspersons who in good faith have dealt with such parties or their heirs orpersonal representatives on the basis of such judgment being permanent. (C.C.P.,s. 85; Code, s. 220; Rev., s. 449; 1917, c. 68; C.S., s. 492; 1943, cc. 228,543; 1947, c. 817, s. 2; 1949, c. 256; 1967, c. 954, s. 3.)