Guam § 25114 - Receiving or Conveying Title to Real Property Under

§ 25114. Receiving or Conveying Title to Real Property Under

Different Names.

Whenever any person who by any conveyance, judgment, or

decree has received or taken, or who hereafter receives or takes,

the title to, or any interest in, or lien upon real property in a certain

name and thereafter has conveyed, or conveys, or has reconveyed,

or reconveys, the same or any part thereof, or has satisfied, or

satisfies, such lien in a name other than, or different from, the

name under which title was received, or any interest or lien

thereon was taken, the identity of such person, or persons, may be

adjudicated and determined in petition of any subsequent owner

or the successor in interest, of said property, or any part thereof,

or of any interest therein.

As many such persons as appear of record in the chain of title

to the land described in the petition may be joined in one petition

or proceeding.

The petition must be filed in the Superior Court and shall be

verified as provided in the Code of Civil Procedure for verification

of a complaint.

The petition may be substantially entitled, AIn the matter of

the determination of the identify of __________________@

(naming all the persons sought to be identified), and may set forth:

(a) A statement of petitioner's interest in the property as

owner, part owner, or otherwise.

(b) A particular description of the petitioner's property.

(c) The name or names of the person or persons sought

to be identified, setting out the name and the reference to the

record of the conveyance under which title was received, and

the name and a reference to the record of the conveyance

whereby the title was conveyed, and that such names were

and are the names of the same person, and that such

conveyances affect the title to petitioner's property.

(d) A prayer that the identity of such persons be estab-

lished.

The clerk must thereupon set the petition for hearing by the

court and the petitioner must give notice thereof by causing

notices of the time and place of hearing to be posted on at least

three public bulletin boards, one of which must be at the place

where the court is held, and one in a conspicuous place on the

property described, at least ten days before the hearing.

The said notice shall be substantially in the form:

(Title of court and cause)

Notice is hereby given that _____

___________ has filed a petition herein

claiming to be the owner of the following

described lands ______ (description);

And praying that the identity of the

following-named persons, in former

conveyances to said lands, be determined, to

wit:_________________ (names as J. Doe

and John Doe);

And that the time and place of hearing of

said petition has been set for ______ the

__________ day of _________, 19 ____, at

the hour of _______________ m. of said day

at the court room of said court in the City of

Agana, Guam.

___________________

Clerk

At any time before the date fixed for such hearing, any person

interested in said property may answer said petition and deny any

of the matters contained therein.

At the time fixed for the hearing, or such time thereafter as

may be fixed by the court, the court must hear the proofs offered

by the petitioner, and by any person answering the same, and

must make and enter a decree determining the identity of the

person, or persons, set out in the petition in accordance with the

proofs.

An appeal may be taken by any party aggrieved as set forth

in the Code of Civil Procedure.

After the said decree has become final, it shall have the force

and effect of a judgment in rem. A certified copy of said decree

shall be recorded in the Department of Land Management.