19-1219. Same; publication service on certain persons in certain actions; judgment.
19-1219
19-1219. Same; publication service on certain persons in certain
actions; judgment.
In actions brought to quiet title to or foreclose upon real estate in
any such county, if it be alleged that a portion of the record or numerical
index pertaining to said land has been destroyed or rendered illegible by
reason of fire or other casualty and there be attached to the petition a
certificate issued by the register of deeds pursuant to the preceding
section, showing that a portion of such record or index has been so
destroyed or rendered illegible, then, and in that event, all persons whose
interest in said real property does not appear of record in the records and
indexes which remain legible and undestroyed may be made parties defendant
under the general designation of "all others claiming any right, title, or
interest in, or lien upon the real property described in the petition" and
such persons may be served with summons by publication, which summons by
publication shall contain the legal description of the real estate in the
same manner and upon the making of the same affidavit as is required for
service by publication upon unknown heirs. Any judgment rendered in any
such action against parties so designated and served shall be binding upon
all persons whose right, title or interest in or lien upon said lands is
not disclosed by the records which remain undestroyed and legible:
Provided always, That such judgments may be reopened upon the same
conditions and within the time provided in the case of other judgments
rendered on publication service.
History: L. 1951, ch. 236, § 4; April 2.