§ 67-48. Decree conclusive - Except when.  


Latest version.
  • Said decree of court, when entered, shall be binding and conclusive: Provided, that any decree shall be subject to be opened, modified, vacated or set aside on appeal sued within two (2) years after the entry of such decree:  Provided, further, that insane persons and minors shall have two (2) years after their disabilities are removed to prosecute a writ of error upon said decree:  And provided, further, that any decree entered upon any petition or cross petition, which does not make defendant, by name, all persons who shall be in possession of such lands or part thereof, at the time of the filing of such petition, or which does not make defendant, by name, all persons to whom any such lands shall have been conveyed, and whose deeds of conveyance shall have been recorded in the office of the register of deeds of such county since the time of the destruction of the records, as aforesaid, and prior to the time of the filing of any such petition, shall be absolutely void as to such person omitted, but shall be final and conclusive as to all others:  And provided, further, that all defendants who shall not be actually served with a summons in the suit in which such decree may be rendered, shall have allowed to them one (1) year after the entry of such decree within which, upon petition to the court rendering the same, to have the said decree vacated and set aside.

R.L. 1910, § 7292.