1. When the summons has been served as provided in NRS 40.100 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 the 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 receive such legal 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.
2. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, 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 State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.
[1911 CPA § 582; RL § 5524; NCL § 9071]
Structure Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.002 - "Federal worker" defined.
NRS 40.0025 - "Household member" defined.
NRS 40.003 - "Qualified Indian tribe" defined.
NRS 40.0035 - "Shutdown" defined.
NRS 40.004 - "State worker" defined.
NRS 40.0045 - "Tribal worker" defined.
NRS 40.005 - Zoning requirements to be considered by court.
NRS 40.010 - Actions may be brought against adverse claimants.
NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
NRS 40.040 - Value of permanent improvements to be allowed as setoff.
NRS 40.050 - Mortgage not deemed conveyance.
NRS 40.060 - Court may enjoin injury to property during foreclosure.
NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
NRS 40.080 - Action not to be prejudiced by alienation pending suit.
NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
NRS 40.120 - Remedy is cumulative.
NRS 40.130 - Adverse action on mining claim.
NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.
NRS 40.150 - Action for waste; judgment may be for treble damages.
NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
NRS 40.180 - Manner of working mine or mining claim; assessment of damages.
NRS 40.190 - Continuation of judgment lien.
NRS 40.220 - Entry to be made only when legal and in peaceable manner.
NRS 40.250 - Unlawful detainer: Possession after expiration of term.
NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.
NRS 40.260 - Tenant of agricultural lands may hold over if not notified.
NRS 40.270 - Tenant has similar remedies against subtenant.
NRS 40.290 - Parties defendant; persons bound by judgment.
NRS 40.310 - Issue of fact to be tried by jury if proper demand made.
NRS 40.320 - Proof required of plaintiff and defendant on trial.
NRS 40.330 - Amendment of complaint to conform to proof; continuance.
NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
NRS 40.360 - Judgment; damages; execution and enforcement.
NRS 40.370 - Verification of complaint and answer.
NRS 40.380 - Provisions governing appeals.
NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
NRS 40.400 - Rules of practice.
NRS 40.420 - Form of writ of restitution; execution.
NRS 40.425 - Notice of execution on writ of restitution.
NRS 40.427 - "Foreclosure sale" defined.
NRS 40.428 - Mortgage or other lien" defined.
NRS 40.429 - Sale in lieu of a foreclosure sale" defined.
NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
NRS 40.440 - Disposition of proceeds of foreclosure sale.
NRS 40.450 - Proceedings when debt secured falls due at different times.
NRS 40.451 - "Indebtedness" defined.
NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
NRS 40.459 - Limitations on amount of money judgment.
NRS 40.462 - Distribution of proceeds of foreclosure sale.
NRS 40.4636 - Limitations on amount of money judgment.
NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
NRS 40.4639 - Period of limitation on commencement of civil action.
NRS 40.465 - "Indebtedness" defined.
NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
NRS 40.502 - "Environmental provision" defined.
NRS 40.503 - "Environmentally impaired" defined.
NRS 40.504 - "Hazardous substance" defined.
NRS 40.505 - "Release" defined.
NRS 40.506 - "Secured lender" defined.
NRS 40.507 - Right of entry and inspection of real collateral.
NRS 40.508 - Action by secured lender concerning environmental provision.
NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.
NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.
NRS 40.525 - Petition; notice; hearing and order; alternative method.
NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.
NRS 40.605 - "Appurtenance" defined.
NRS 40.607 - "Builder’s warranty" defined.
NRS 40.610 - "Claimant" defined.
NRS 40.615 - "Constructional defect" defined.
NRS 40.620 - "Contractor" defined.
NRS 40.623 - "Design professional" defined.
NRS 40.630 - "Residence" defined.
NRS 40.632 - "Subcontractor" defined.
NRS 40.634 - "Supplier" defined.
NRS 40.635 - Applicability; effect on other defenses.
NRS 40.640 - Liability of contractor.
NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.
NRS 40.652 - Offer of judgment.
NRS 40.655 - Limitation on recovery.
NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.
NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
NRS 40.675 - Inspection of repairs.
NRS 40.681 - Premediation discovery.
NRS 40.684 - Duties of insurer with respect to settlement conference.
NRS 40.6882 - Complainant" defined.
NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.
NRS 40.692 - Notice not required to be given to intervener in action.
NRS 40.695 - Tolling of statutes of limitation or repose; applicability.