State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_46 > GS_46-6

§ 46‑6.  Unknown orunlocatable parties; summons, notice, and representation.

(a)        If, upon the filingof a petition for partition, it be made to appear to the court by affidavit orotherwise that there are any persons interested in the premises whose names areunknown to and cannot after due diligence be ascertained by the petitioner, thecourt shall order notices to be given to all such persons by a publication ofthe petition, or of the substance thereof, with the order of the court thereon,in one or more newspapers to be designated in the order. The notice bypublication shall include a description of the property which includes thestreet address, if any, or other common designation for the property, if any,and may include the legal description of the property.

(b)        Before or aftersuch general notice by publication if any person interested in the premises andentitled to notice fails to appear, the court shall appoint some disinterestedperson to represent the owner of any shares in the property to be divided, theownership of which is unknown or unlocatable and unrepresented.  (1887, c. 284; Rev., s.2490; C.S., s. 3218; 2009‑512, s. 1.)