12-1212. Unknown owner; notice and service by
publication; protection of rights in decree
A. If plaintiff makes affidavit that an undivided portion of the land described in
the complaint is owned by some person unknown to affiant, a summons shall be issued to
the unknown owner. The summons shall contain a brief statement of the nature of the
action and a description of the interest of the unknown owner, and shall command him to
appear and answer as in ordinary cases.
B. The summons shall be served by publication in some newspaper in the county where
the summons issues, if a newspaper is published in the county. If no newspaper is
published in the county, publication shall be made in the nearest county in which a
newspaper is published, for four successive weeks.
C. If no appearance is entered within the time set forth in the summons, the court
shall proceed as in other cases where service is made by publication.
D. The court shall in its decree protect the rights of the unknown owner.
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