§ 38-36-131 — When decree may be opened

(1) Any person having an interest
in or lien upon the land who has not been actually served with process or notified of
the filing of the application or the pendency thereof may at any time within ninety
days after the entry of such decree, and not afterwards, appear and file his sworn
answer to such application in like manner as prescribed in section 38-36-125 for
making answer if such person had no actual notice or information of the filing of
such application or the pendency of the proceeding during the pendency thereof, or
until within three months of the time of the filing of such answer, which facts shall
be made to appear before answering by the affidavit of the person answering or the
affidavit of someone in his behalf having knowledge of the facts; and also if no
innocent purchaser for value has acquired an interest. If there is any such
purchaser, the decree of registration shall not be opened but shall remain in full
force and effect forever, subject only to the right of appeal provided for in section
38-36-130.

(2) Any person aggrieved by such decree in any case may pursue his remedy
by suit in the nature of an action of tort against the applicant or any other person
for fraud in procuring the decree and may also bring his action for indemnity as
provided for in section 38-36-187.

(3) Upon the filing of such answer, and not less than ten days' notice having
been given to the applicant and to such other interested parties as the court may
order in such manner as directed by the court, the court shall proceed to review the
case, and if the court is satisfied that the order or decree ought to be opened, an
order shall be entered to that effect, and the court shall proceed to review the
proceedings and shall make such order in the case as is equitable in the premises.
An appeal may be allowed in this case, as well as from all other decrees affecting
any registered title, within a like time and in a like manner as in the case of an
original decree under this article, and not otherwise.

Legislative History

Source: L. 03: p. 324, � 28. R.S. 08: � 744. C.L. � 4954. CSA: C. 40, � 199. CRS 53: � 118-10-31. C.R.S. 1963: � 118-10-31.