§ 44-9-40 - Petition to establish title based on sale without foreclosure.
SECTION 44-9-40
§ 44-9-40 Petition to establish titlebased on sale without foreclosure. – The holder of a title acquired under § 44-9-36 or 44-9-38 may file in thesuperior court a petition to establish his or her title by requiring allpersons who would have an interest in the land involved, except for either thepetitioner's title or his or her claim of title originating under §44-9-36 or 44-9-38, to show cause why they should not bring an action to tryany claim or claims which they may have adverse to the petitioner's titlearising out of the tax proceedings upon which the title was based. The petitionshall set forth on oath the petitioner's source of title, giving a reference tothe place, book, and page of record of the deed under § 44-9-36 or 44-9-38upon which the petitioner relies, the description of the land involved whichappeared in the tax deed upon which the deed under § 44-9-36 or 44-9-38was based, the names of all persons known to the petitioner, and other facts asmay be necessary for the information of the court; but the petitioner need notallege in the petition nor show during the hearing any error or irregularity inthe tax proceedings upon which the title depends or any other defect in thetitle. The petition shall be in the alternative praying that the persons beordered to show cause why they should not bring action to try the claim orclaims or, if the persons do not appear within the time fixed or, havingappeared, disobey the lawful order of the court to try their claim or claims,that the court enter a decree that they be forever barred from having orenforcing any claim or claims adversely to the petitioner, his or her heirs orassigns, in the land described (Form 15).