§ 67-46 — Proceedings on hearing.

If no demurrer or other pleading or answer shall, be filed by the third day of said term, or by the day allowed by the order of said court, as above provided, the petition may be taken as confessed, and a decree entered according to the prayer of said petition, upon proof of the facts stated in said petition, but if any person shall file an answer, as aforesaid, to such petition, the court may hear evidence, or order a reference to a referee or special commissioner to take evidence and report, when the same proceedings shall be had as on a reference to a referee or special commissioner under and according to the practice in the courts of this state. If the petition included more than one parcel of land, and no demurrer or answer shall be filed as to some of said parcels the court may enter a decree pro confesso as to those parcels as to which no demurrer or answer shall be filed, and hear evidence, or order a reference as to the remaining parcels.

Legislative History

R.L. 1910, § 7290.