Everett v. Reynolds

Citations

• 114 N.C. 366

Syllabus

<p>Practice — Irregular and Void Judgments — Foreclosure of Mortgage — ■Confirmation of Sale■ — Motion to Set Aside Decree.</p> <p>1. Whei;e, after a decree ordering a sale of land, in a suit to foreclose a mortgage, the defendant mortgagor died and his heirs were not made parties and the sale was made and confirmed without notice to the heirs, the decree confirming the sale was irregular but not void.</p> <p>2. The proper remedy to have an irregular judgment, though final, set aside is by a motion in the cause.</p> <p>3. A motion to set aside an irregular judgment confirming the sale of land in foreclosure proceedings will not be allowed where there is nothing to indicate that the parties have been or may be prejudiced thereby.</p>