TITLE 58

PUBLIC LANDS

CHAPTER 8

TOWN SITES

58-811.  Suits to determine adverse claims. In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, in the county in which the land shall be situated: provided, that no judge of the district court who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such town, or who is a party to any action brought to determine the right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any action brought to determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in said cause, to be transmitted to another judicial district, as in cases of change of venue: provided, that the laws applicable to a change of venue shall apply to actions brought under this chapter. Suits shall be brought against adverse claimants as defendants, and it shall not be necessary to make the district judge or corporate authorities parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims.

History:

[(58-811) 1874, p. 698, sec. 5; R.S., sec. 2204; am. 1905, p. 84, sec. 10; reen. R.C. & C.L., sec. 2157; C.S., sec. 3774; I.C.A., sec. 56-711.]