State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_43 > GS_43-12

§43‑12.  Effect of decree; approval of judge.

Every decree rendered ashereinbefore provided shall bind the land and bar all persons and corporationsclaiming title thereto or interest therein; quiet the title thereto, and shallbe forever binding and conclusive upon and against all persons andcorporations,  whether mentioned by name in the order of publication, orincluded under the general description, "to whom it may concern"; andevery such decree so rendered, or a duly certified copy thereof, as also thecertificate of title issued thereon to the person or corporation therein namedas owner, or to any subsequent transferee or purchaser, shall be conclusiveevidence that such person or corporation is the owner of the land thereindescribed, and no other evidence shall be required in any court of this Stateof his or its right or title thereto. It shall not be an exception to suchconclusiveness that the person is an infant, lunatic or is under anydisability, but such person may have recourse upon the indemnity fundhereinafter provided for, for any loss he may suffer by reason of being soconcluded. Notwithstanding the provisions of G.S. 43‑10, such decreesshall not be binding on and include the State of North Carolina or any of itsagencies unless the State of North Carolina is made a party to the proceedingand notice of said proceeding and copy of petition, etc., are served upon theState of North Carolina as provided in this Chapter. Such decrees shall, inaddition to being signed by the clerk of the court, be approved by the judge ofthe superior court, who shall review the whole proceeding and have power torequire any reformation of the process, pleading, decrees or entries. (1913,c. 90, s. 9; 1919, c. 82, s. 3; C.S., s. 2388; 1925, c. 263; 1979, c. 73, s.2.)