12-417.   Parties to action; rehearing.The county in which such chart, map or plat was filed, the town, villageor city of which or a part of which, or an addition to which the same was achart, map or plat, and any person or corporation owning or interested inany lot, reserve or real property within such town, village or city, shallbe deemed parties in interest in the subject matter of such action, andparties thereto, and all and each thereof shall be barred by the judgmentand decree therein rendered: Provided, That any party interested whoshall not be served with summons, and had at the time of the pendency ofthe proceedings herein provided for no actual notice of the pendencythereof, may within the time prescribed for opening up judgments rendered,in which service was made by publication, open up any judgment or decreerendered under this act in like manner as other judgments rendered uponconstructive service; but such opening-up of the judgment or decree shallnot operate to allow parties who were in court actually, or by service ofsummons, at the time of rendering the judgment or entering the decree, tocome in and set up any claim whatever.

      History:   L. 1872, ch. 160, § 5; March 28; R.S. 1923, § 12-417.