Everett v. . Reynolds

It is well settled that the judgment of the court confirming the sale was irregular and not void (Lynn v. Lowe, 88 N.C. 478; Knott v. Taylor,99 N.C. 511; Wood v. Watson, 107 N.C. 52), and it has also been decided that a motion in the cause is the proper remedy to have such a judgment vacated although it be final. Carter v. Rountree, 109 N.C. 29; McLaurinv. McLaurin, 106 N.C. 331; and the cases cited.

Conceding that the purchaser, a stranger, is affected with the irregularity because the record would have disclosed a want of notice of the motion to confirm, we are nevertheless of the opinion…