§ 18-60-703 — Petition - Verification and certification

(a) A person may file the petition in the circuit court of the county in which the land is situated, describing the land and setting forth his or her title thereto and alleging that there is no person in the adverse possession thereof and that the land has been deeded, granted, donated, or subscribed to a railroad under the provisions of the acts mentioned in § 18-60-701 , or is claimed to have been so deeded, granted, donated, or subscribed, and praying that title thereto may be confirmed and quieted as against the railroad, its successors and assigns, and as against any persons deeding, granting, donating, or subscribing the land, or claimed to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and all others claiming by, through, or under them, or either of them. (b) Any number of tracts may be embraced in the same petition when they all lie in the same county. (c) The petition shall be verified, and there shall be endorsed thereon a certificate of the attorney filing the petition to the effect that he or she has examined the title of the petitioner as set forth in the petition and that in his or her opinion the petition is well founded in law and true in fact. When so verified and certified, the petition shall be taken as prima facie true, and the petitioner shall be entitled to a decree thereon.

Legislative History

Acts 1911, No. 267, §§ 2, 4; C. & M. Dig., §§ 8375, 8377; Pope's Dig., §§ 10971, 10973; A.S.A. 1947, §§ 34-1914, 34-1916.