If escheated land be recovered from the purchaser at the suit of an heir of the deceased owner, by proceeding instituted within ten (10) years after the escheat was declared, the state will refund to the purchaser the purchase-money with three percent (3%) per annum interest; the purchaser being liable to the heir for rents and profits, which he may recoup, pro tanto, by the improvements put upon the land, if any, and all taxes paid thereon. In all such suits to recover the land of the state's purchaser, or his assigns, the land commissioner shall be made a party.