If a sheriff’s certificate of sale of any real property in this state, made in favor or in the name of a deceased person, or of the estate of a deceased person, or the executor or administrator thereof, prior to January 1, 1943, on which a sheriff’s deed has not been issued, it is lawful and proper in case of the issuance of a sheriff’s deed upon such certificate, to issue the same to the domestic or foreign executor or administrator of said estate, as the case may be, or if a final decree of distribution has been issued by any domestic or foreign court having jurisdiction and control of a mortgage under and through which a sheriff’s certificate was obtained assigning or transferring such sheriff’s certificate to any person, it is lawful and proper to issue a sheriff’s deed to the person to whom such certificate has been assigned or transferred, upon the recording of an authenticated copy of such decree in the office of the recorder of the county in which such property is located. The fact that any such deed, judgment, decree, or other transfer has been issued, is in itself presumptive evidence of good faith.

Terms Used In North Dakota Code 1-04-11

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator and "administrator" includes executor. See North Dakota Code 1-01-49
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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