§ 1941. When special proceeding to quiet title may be maintained. Whenever real property shall have been conveyed by a sheriff or referee, pursuant to a judicial decree, which decree has been lost or destroyed, and the defendants (other than lienors or incumbrancers) named in the notice of pendency of the action in which such decree was made, or those who might claim under them, or either of them, are dead, unknown or their whereabouts can not after diligent inquiry be ascertained, the person who has been, or he and those having his estate who have been, for ten years in actual possession of such property claiming it in fee under said sheriff's or referee's deed, which deed shall have been recorded at least ten years, may maintain a special proceeding for the purpose of establishing judicially his or their title to such real property.