§ 41-10. Titles quieted.
§41‑10. Titles quieted.
An action may be brought byany person against another who claims an estate or interest in real propertyadverse to him for the purpose of determining such adverse claims; and by anyman or woman against his or her wife or husband or alleged wife or husband whohave not lived together as man and wife within the two years preceding, and whoat the death of such plaintiff might have or claim to have an interest in hisor her estate, and a decree for the plaintiff shall debar all claims of thedefendant in the property of the plaintiff then owned or afterwards acquired:Provided, that no such relief shall be granted against such husband or wife oralleged wife or husband, except in case the summons in said action ispersonally served on such defendant.
If the defendant in suchaction disclaim in his answer any interest or estate in the property, or sufferjudgment to be taken against him without answer, the plaintiff cannot recovercosts. In any case in which judgment has been or shall be docketed, whethersuch judgment is in favor of or against the person bringing such action, or isclaimed by him, or affects real estate claimed by him, or whether such judgmentis in favor of or against the person against whom such action may be brought,or is claimed by him, or affects real estate claimed by him, the lien of saidjudgment shall be such claim of an estate or interest in real estate as iscontemplated by this section. (1893, c. 6; 1903, c. 763;Rev., s. 1589; 1907, c. 888; C.S., s. 1743.)