CHAPTER 649
QUIETING TITLE

  649.1  Who may bring action.
  An action to determine and quiet the title of real property may be brought by anyone, whether in or out of possession, having or claiming an interest therein, against any person claiming title thereto, though not in possession.
[C51, §2025; R60, §3601; C73, §3273; C97, §4223; C24, 27, 31, 35, 39, §12285; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.1]

  649.2  Petition.
  The petition therefor must be under oath, setting forth the nature and extent of the petitioner’s estate, and describing the premises as accurately as may be, and that the petitioner is credibly informed and believes the defendant makes or may make some claims adverse to the petitioner, and praying for the establishment of the plaintiff’s estate, and that the defendant be barred and forever estopped from having or claiming any right or title to the premises adverse to the plaintiff.
[R60, §3602; C73, §3274; C97, §4224; C24, 27, 31, 35, 39, §12286; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.2]

  649.3  Notice.
  The notice in such action shall accurately describe the property, and, in general terms, the nature and extent of the plaintiff’s claim, and shall be served as in other cases.
[C73, §3274; C97, §4224; C24, 27, 31, 35, 39, §12287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.3]

  649.4  Disclaimer — costs.
  If the defendant appears and disclaims all right and title adverse to the plaintiff, the defendant shall recover the defendant’s costs. In all other cases the costs shall be in the discretion of the court.
[R60, §3603; C73, §3275; C97, §4225; C24, 27, 31, 35, 39, §12288; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.4]

  649.5  Demand for quitclaim — attorney fees.
  If a party, twenty days or more before bringing suit to quiet a title to real estate, requests of the person holding an apparent adverse interest or right therein the execution of a quitclaim deed thereto, and also tenders to the person one dollar and twenty-five cents to cover the expense of the execution and delivery of the deed, and if the person refuses or neglects to comply, the filing of a disclaimer of interest or right shall not avoid the costs in an action afterwards brought, and the court may, in its discretion, if the plaintiff succeeds, assess, in addition to the ordinary costs of court, an attorney fee for plaintiff’s attorney, not exceeding twenty-five dollars if there is but a single tract not exceeding forty acres in extent, or a single lot in a city, involved, and forty dollars, if but a single tract exceeding forty acres and not more than eighty acres. In cases in which two or more tracts are included that may not be embraced in one description, or single tracts covering more than eighty acres, or two or more city lots, a reasonable fee may be assessed, not exceeding, proportionately, those provided for in this section.
[C97, §4226; C24, 27, 31, 35, 39, §12289; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.5]
86 Acts, ch 1237, §37

  649.6  Equitable proceedings.
  In all other respects, the action contemplated in this chapter shall be conducted as other actions by equitable proceedings, so far as the same may be applicable, with the modifications prescribed.
[C51, §2026; R60, §3604; C73, §3276; C97, §4227; C24, 27, 31, 35, 39, §12290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.6]

  649.7  Deeds — recitals — rebuttable and conclusive presumptions.
  In the proof of title to real estate derived from deeds or other conveyances affecting real estate, executed prior to January 1, 1905, where it appears from recitals therein that such deeds or other conveyances have been executed in pursuance to a contract assigned by the original vendee or the vendee’s assignee to the grantee in such deeds or other conveyances, the recitals thereof shall be presumptive evidence of the truth of said recitals, and of the fact of said assignment, and that such assignment was made in good faith for a valuable consideration, and no action shall be maintained by such original vendee, assignee, or any person or persons holding by, through, or under such vendee or assignee, against the grantee in said deed or other conveyance, and the grantee’s grantees in the record chain of title, and said recitals shall be conclusive evidence of the fact of such assignment and that it was made in good faith and for a valuable consideration.
[C24, 27, 31, 35, 39, §12291; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.7]

  649.8  Construction of Act.
  Section 649.7 shall not be construed to remove the bar of any other statute of limitations.
[C24, 27, 31, 35, 39, §12292; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.8]