§ 28-13-107 — Escheat of real property - Judgments

(a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed. (b) (1) If, after the issues are tried, it appears from the facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, then judgment shall be rendered that the county is seized thereof and shall recover costs against the defendant. (2) When any judgment shall be rendered that the county is seized of any real estate, the judgment shall contain a description of the real estate and shall vest the title in the county. (c) (1) If it appears that the county has no title in the estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk. Upon the certificate's being filed in his or her office, the county treasurer shall issue a warrant therefor on the treasury of the county, which shall be paid as other demands on the treasury. (2) However, no defendant shall be entitled to recover costs unless the title to the estate appears to the court, by the facts found, to be in him or her.

Legislative History

Rev. Stat., ch. 57, §§ 14, 16-18; C. & M. Dig., §§ 4091, 4093-4095; Pope's Dig., §§ 5100, 5102-5104; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1814, 62-1816 -- 62-1818.