Title 44, Chapter 2, Section 71
( 44-2-71)
Before passing the decree authorizing the registration of land, the
court shall be satisfied that the publication of notice and service
of process required by this article have been made. After judgment,
the entry of service by the sheriff or his deputy shall be
conclusive evidence and shall not be subject to traverse nor shall
any acknowledgment of service be subject to traverse. The recital of
the service of process and of the giving and publishing of notices
contained in the decree or final judgment in the case shall be
conclusive evidence that such service, publication, and notice have
been legally given; provided, however, that nothing in this Code
section shall prevent any aggrieved person from having a right of
action against any sheriff who shall make a false return of service,
or against any clerk or examiner who shall falsely attest a waiver
or acknowledgment of service, or against any clerk who shall fail to
publish the notice or to mail the notice required by this article. |