19-1219.   Same; publication service on certain persons in certainactions; judgment.In actions brought to quiet title to or foreclose upon real estate inany such county, if it be alleged that a portion of the record or numericalindex pertaining to said land has been destroyed or rendered illegible byreason of fire or other casualty and there be attached to the petition acertificate issued by the register of deeds pursuant to the precedingsection, showing that a portion of such record or index has been sodestroyed or rendered illegible, then, and in that event, all persons whoseinterest in said real property does not appear of record in the records andindexes which remain legible and undestroyed may be made parties defendantunder the general designation of "all others claiming any right, title, orinterest in, or lien upon the real property described in the petition" andsuch persons may be served with summons by publication, which summons bypublication shall contain the legal description of the real estate in thesame manner and upon the making of the same affidavit as is required forservice by publication upon unknown heirs. Any judgment rendered in anysuch action against parties so designated and served shall be binding uponall persons whose right, title or interest in or lien upon said lands isnot disclosed by the records which remain undestroyed and legible:Provided always, That such judgments may be reopened upon the sameconditions and within the time provided in the case of other judgmentsrendered on publication service.

      History:   L. 1951, ch. 236, § 4; April 2.