TITLE X Actions in Particular Cases Chapter I. Actions for Foreclosure of Mortgages. II. Actions for Nuisance, Waste, and Wilful Trespass III. Action to Determine Conflicting Claims to Real IV. V. Actions for Partition of Property. Actions Against Steamers, Vessels, and Boats. § 726. § 726a. § 726b. § 726c. § 727. § 728. § 729. § 729a. CHAPTER I Actions for Foreclosure of Mortgages Action for the foreclosure of mortgages; where brought. Sale of the mortgaged property. Disposition of proceeds. Disposition of proceeds in case the debt is not all due. § 726. Action for the foreclosure of mortgages; where brought. Any action for the recovery of any debt, or the enforcement of any right secured by mortgage on real or personal property, must be in accordance with the provisions of this Chapter. All actions for the foreclosure of a mortgage or other encumbrance upon real estate must be brought in the Island Court. [Enacted 1953; amended by P.L. 9-256, effective January 8, 1969.] § 726a. The complaint in an action for foreclosure of a mortgage. In all actions for the foreclosure of a mortgage, the complaint shall set forth the date and due execution of the mortgage; its assignments, if any; the names and residences of the mortgagor; a description of the mortgaged property; a statement of the date of the note or other obligation secured by the mortgage, and the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of a holder of the mortgage, all of whom shall be made defendants in the action. No person holding a conveyance from or under the mort gagor of property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the Department of Land Management at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action. [Enacted 1953.] § 726b. Trial and judgment in foreclosure suits. If, upon trial in such action, the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and costs, and shall render judgment for the sum so found due, and order that the same be paid into court within a period of three (3) months in the case of real estate mortgage or other encumbrance upon real estate, or within a period of one (1) month in the case of a mortgage upon personal property, from and after the date on which the order was made. [Enacted 1953.] § 726c. Sale of the mortgaged property. When the defendant, after being directed to do so, as provided in the last preceding section, fails to pay the principal, interest, and costs at the time directed in the order, the court shall order the property (or so much thereof as may be necessary) to be sold in the manner and under the regulations that govern sales of real estate under execution; but such sale shall not affect the rights of persons holding prior encumbrances upon the same estate or a part thereof. The sale, when confirmed by decree of the court, shall operate to divest the rights of all the parties to the action and to vest their rights in the purchaser. Should the court decline to confirm the sale, for good cause shown, and should set it aside, it shall order a resale in accordance with law. [Enacted 1953.] § 727. Disposition of proceeds. The money arising from the sale of mortgaged property, under the regulations hereinbefore prescribed, shall, after deduction of costs of sale, be paid to the person foreclosing the mortgage, and when there shall be any surplus, after paying off such mortgage or other encumbrance, the same shall be paid to junior encumbrances in the order of their priority, to be ascertained by the court, or if there be no such encumbrances, or there be a surplus after payment of such encumbrances, then to the mortgagor or his agent, or to the person entitled to it. [Enacted 1953.] § 728. Disposition of proceeds in case the debt is not all due. If the debt for which the mortgage or encumbrance was held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper. [Enacted 1953.] § 729. Judgment for balance after sale of property. Upon the sale of any real property, under a decree for a sale to satisfy a mortgage or other encumbrance thereon, if there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall give a decree against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the decree; otherwise the plaintiff shall be entitled to execution at such time as the balance remaining would have become due by the terms of the original contract, which time shall be stated in the decree. [Enacted 1953.] § 729a. Final record. The final record in the action shall set forth, in brief, the petition and other pleadings, judgment, orders, the proceedings under the order of sale, and the decree confirming the same, and the name of the purchaser, with a description of the estate purchased by him. A certified copy of such record shall be recorded in the Department of Land Management. [Enacted 1953.] CHAPTER II Actions for Nuisance, Waste, and Wilful Trespass in Certain Cases, on Real Property § 731. § 732. Nuisance defined; abatement of; actions instituted, by whom. § 733. Trespass for cutting or carrying away trees, etc., actions for. § 734. Measure of damages in certain cases under the last section. § 735. Damages in actions for forcible entry, etc., may be trebled. § 731. Nuisance defined; abatement of; actions instituted, by whom. An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as the same is defined in § 3479 of the Civil Code, and by the judgment in such action, the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be brought in the name of the government of Guam to abate a public nuisance, as the same is defined in § 3480 of the Civil Code, by the Island Attorney. [Enacted 1953.] § 732. Waste, actions for. If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages. [Enacted 1953.] [See Palomo v. U.S. (1960) 188 F.Supp. 633.] § 733. Trespass for cutting or carrying away trees, etc., actions for. Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person's house, village, or city lot, or cultivated grounds; or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, is liable to the owner of such land, or to the government of Guam, for double the amount of damages which may be assessed therefor, in a civil action, in any court having jurisdiction. [Enacted 1953.] § 734. Measure of damages in certain cases under the last section. Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it. [Enacted 1953.] § 735. Damages in actions for forcible entry, etc., may be trebled. If person recovers damages for a forcible or unlawful entry in or upon, or detention of any building or any cultivated real property, judgment may be entered for three (3) times the amount at which the actual damages are assessed. [Enacted 1953.] CHAPTER III Action to Determine Conflicting Claims to Real Property, and Other Provisions Relating to Actions Concerning Real Estate § 738. § 739. § 740. § 741. § 742. § 743. § 744. § 745. § 746. § 747. § 749. § 750. § 751. Action to quiet title to real and personal property. When plaintiff cannot recover costs. Right of plaintiff to recover. When value of improvements can be allowed as a set-off. An order may be made to allow a party to survey and measure the land in dispute. Order, what to contain, and how served. If unnecessary injury done, the party surveying to be liable therefor. A mortgage must not be deemed a conveyance, whatever its terms. When court may grant injunction; during foreclosure; or after sale on execution, before conveyance. Damages may be recovered for injury to the possession after sale, etc., and before delivery of possession. Action not to be prejudiced by alienation pending suit. Determination of adverse claims to real property. Unknown defen- Summons; service, and proof of service. Publication of summons. § 751a. Receiving or conveying title to real property under different names. § 738. Action to quiet title to real and personal property. An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim, provided however, that whenever in an action to quiet title to, or to determine adverse claims to, real or personal property, the validity or interpretation of any gift, devise, bequest, or trust, under any will, or instrument purporting to be a will, whether admitted to probate or not, shall be involved, such will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any gift, devise, bequest, or trust therein contained, save such as belong exclusively to the probate jurisdiction, shall be finally determined in such action; provided, that if the said will shall have been admitted to probate and interpreted by a decree of the |