If it appears by the plea, answer, disclaimer, or deposition of the original defendant filed within the first thirty days of the term at which such action shall be entered or returnable that such defendant has no title to or claim against such property, otherwise than by lien, the defendant shall, upon delivering the subject matter of the suit in accordance with the order of the court, be discharged from further liability, and shall be entitled to costs in such sum as the court may deem just, and thereafter said proceeding shall be deemed to be in rem.
Source. 1905, 62:5. PL 359:7. RL 416:7.