12-1104

12-1104. Allegation of lien or interest
claimed by adverse party; jurisdiction of court to enter
decree

A. In an action to quiet title to real property, if the complaint sets forth that
any person or the state has or claims an interest in or a lien upon the property, and
that the interest or lien or the remedy for enforcement thereof is barred by limitation,
or that plaintiff would have a defense by reason of limitation to an action to enforce
the interest or lien against the real property, the court shall hear evidence thereon.

B. If it is proved that the interest or lien or the remedy for enforcement thereof
is barred by limitation, or that plaintiff would have a defense by reason of limitation
to an action to enforce the interest or lien against the real property, the court shall
have jurisdiction to enter judgment and plaintiff shall be entitled to judgment barring
and forever estopping assertion of the interest or lien in or to or upon the real
property adverse to plaintiff.