59-2252. Opening judgment.
59-2252
59-2252. Opening judgment.A party against whom a judgment or decree has been rendered inproceedings to determine the persons entitled to the real property of adecedent, without other service than publication in a newspaper, may at anytime within one year after the date of the judgment or decree have itopened or set aside and be let in to defend. Before such judgment or decreeis opened or set aside, the respondent shall: (1)Give notice to theadverse party of the respondent's intention to make suchapplication; (2) file afull answer to the petition or other pleading; (3) pay all costs of suchproceeding if the court requires them to be paid; and (4) make it appearto the satisfaction of the court, by affidavit, that during the pendency ofthe proceeding the respondent had no actual notice of it in timeto appear in courtand make the respondent's defense. Thetitle to any property which is the subject of thejudgment or decree sought to be opened or set aside and which in consequenceof the judgment or decree has passed to apurchaser in good faithshall not be affected by anyproceedings under this section. The adverse party, on the hearing of anapplication to open or set aside such judgment or decree as provided bythis section, shall be allowed to present counter affidavits to show thatduring the pendency of such proceeding the respondent had notice thereof intime to appear in court and make the respondent's defense.
History: L. 1939, ch. 180, § 228;L. 1985, ch. 191, § 42; July 1.