Guam § 25113 - Judgment Must Not be Entered by Default; When

§ 25113. Judgment Must Not be Entered by Default; When

Entered, is Conclusive. Remedy is Cumulative.

When the summons has been served as provided in the

preceding section, and the time for answering has expired, the

court shall proceed to hear the case as in other cases, and shall

have jurisdiction to examine into and determine the legality of

plaintiff's title, and of the title and claim of all defendants and of

all unknown persons, and to that end must not enter any judgment

by default, but must in all cases require evidence of plaintiff's title

and possession and hear such evidence as may be offered

respecting the claims and title of any of the defendants and must

thereafter direct judgment to be entered in accordance with the

evidence and the law. The court before proceeding to hear the case

must require proof to be made that the summons has been served

and posted as hereinbefore directed and that the required notice of

pendency of action has been filed. The judgment, after it has

become final, is conclusive against all persons named in the

summons and complaint who have been served, and against all

unknown persons as stated in the complaint and summons who

have been served by publication, but shall not be conclusive

against the government of Guam or the United States. Said

judgment shall have the effect of a judgment in rem except against

the government of Guam and the United States; and provided,

further, that the said judgment shall not bind or be conclusive

against any person claiming any estate, title, right, possession or

lien to the property under the plaintiff, or his predecessors in

interest, which claim, lien, estate or right of possession has arisen

or has been created by the plaintiff or his predecessors in interest

within twenty (20) years prior to the filing of the complaint. The

remedy provided in this and the two preceding sections shall be

construed as cumulative and not conclusive of any other remedy,

form or right of action, or proceeding now allowed by law.