§ 67-42. Owner of lands may petition for confirmation of title.  


Latest version.
  • It shall be lawful for any person claiming title to any lands in such county at the time of the destruction of such records, and for all claiming under any such person, to file a petition in the district court in such county, praying for a decree establishing and confirming his said title.  Any number of parcels of land may be included in one petition, or separate petitions may be filed, as the petitioner may elect.  Said petition shall state clearly the description of said lands, the character and extent of the estate claimed by the petitioner, and from whom, and when, and by what mode he derived his title thereto.  It shall give the names of all persons owning or claiming any estate in fee in said lands, or any part thereof, and also all persons in possession of said lands, or any part thereof, and also all persons to whom any such lands shall have been conveyed, and the deeds of such conveyances recorded in the office of the register of deeds of such county, since the time of the destruction of such records as aforesaid, and prior to the time of filing of such petition, and their residences, so far as the same are known to said petitioner; and if no such persons are known to said petitioner, it shall be so stated in said petition.  All persons so named in said petition shall be made defendants, and shall be notified of said suit by summons, if residents of this state, in the same manner as required in civil proceedings by the laws of this state:  Provided, that the notice specified in Sections 7287 and 7288 shall be the only publication notice required, either in case of residents, nonresidents or otherwise; all other persons shall be deemed and taken as defendants, by the name or designation of "All whom it may concern".  Said petition shall be verified by the affidavit of the petitioner, or by the agent of said petitioner; and any party so swearing falsely shall be deemed guilty of perjury and punished accordingly and shall be liable in damages to any person injured by such false statement, to be recovered in an action on the case in any court having jurisdiction thereof.

R.L. 1910, § 7286.