Section 34.25.070. Validation of sales and action to quiet title.

   (a) A sale of real estate by an administrator or executor is confirmed and approved, notwithstanding irregularities or informalities in the proceedings before the sale, when
        (1) the real estate is heretofore or hereafter sold under a license or order of a superior court in the state;
        (2) the purchaser pays the purchase money for the real estate;
        (3) the sale is made in good faith, in order to provide for payment of the claims against the estate;
        (4) the executor or administrator fails or neglects to make or execute a deed conveying the real estate to the purchaser, or if from mistake or omission in the deed or defect in its execution the deed is inoperative; and
        (5) five years have elapsed after the making of the sale.
   (b) When these facts are shown in an action to quiet title to the real property against the heirs or their assignees of the deceased person whose property is sold, in the proper court for the suit, the court shall make its decree quieting title and compelling and ordering conveyances of the real estate to the purchaser or the heirs or assignees of the purchaser as if a valid contract to convey the real property were made by the deceased while living.
   (c) An action may not be maintained by the heirs of the deceased, or their heirs or assignees, to dispossess the purchaser or the heirs or assignees of the purchaser, after the expiration of five years from the sale.

Notes

History

(Sec. 22-3-44 ACLA 1949)