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.

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21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE

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:
and John Doe);
(names as J. Doe

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21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE

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.

SOURCE: CCP § 751a.

NOTE: ADistrict@ changed to Superior Court pursuant to P.L. 12-085 (Jan. 16, 1974).

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