In any action brought under section 559.01, the plaintiff may insert in the title thereof, in addition to the names of such persons as are known or appear of record to have some right, title, estate, interest, or lien in or on the real property in controversy, the following: "Also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein." Service of the summons may be had upon all such unknown persons defendant by publication in the same manner as against nonresident defendants, upon the filing of an affidavit of the plaintiff, the plaintiff's agent or attorney, stating the existence of a cause of action under section 559.01, and if in addition to the above known or unknown defendants, the heirs of a deceased person are proper parties defendant, and their names are unknown, and such affidavit shall further state that the heirs of such deceased person are proper parties to such action, and that their names and residences cannot with reasonable diligence be ascertained, then service of summons may be made on such unknown heirs by publication thereof in the same manner as against nonresidents, and in such case the plaintiff may insert in the title thereof the following: "Also the unknown heirs of (naming the deceased) and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein." The plaintiff shall, before the commencement of such publication, file with the county recorder a notice of the pendency of the action. All such unknown persons so served shall have the same rights to appear and defend before and after judgment as would named defendants upon whom service is made by publication, and any order or judgment in the action shall be binding upon them, whether they be of age or minors; but, if they be minors when judgment is rendered, they may be allowed to defend at any time within two years after becoming of age.
(9557) RL s 4425; 1919 c 344 s 1; 1923 c 434 s 1; 1967 c 28 s 1; 1976 c 181 s 2; 1986 c 444
Structure Minnesota Statutes
Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies
Chapter 559 — Adverse Claims To Real Property
Section 559.01 — Action To Determine Adverse Claims.
Section 559.013 — State As Defendant.
Section 559.02 — Unknown Defendants.
Section 559.03 — Disclaimer; Default; Costs.
Section 559.04 — Claimants Under Common Grantor; Joinder.
Section 559.05 — Action Against Cotenant; Denial Of Right.
Section 559.06 — Termination Of Plaintiff's Right Pending Action.
Section 559.07 — Ejectment; Trial, How Conducted; No Second Trial.
Section 559.08 — Ejectment; Damages; Improvements.
Section 559.09 — Removal Of Building Erected In Good Faith.
Section 559.10 — Occupying Claimant; Compensation For Improvements.
Section 559.11 — Pleadings; Trial; Verdict.
Section 559.12 — Compensation Before Execution.
Section 559.13 — Occupant To Pay Value Of Land, When.
Section 559.14 — May Remove Crops.
Section 559.15 — Occupant Not In Actual Possession; Actions In Other Form.
Section 559.16 — Order For Survey.
Section 559.17 — Mortgage Not A Conveyance; Mortgagee Cannot Possess.
Section 559.18 — Conveyance By Mortgagor To Mortgagee.
Section 559.19 — Action To Declare Mortgage; Limitation.
Section 559.201 — Definitions.
Section 559.202 — Contracts For Deed Involving Residential Property.
Section 559.205 — Contracts For Deed; Modification.
Section 559.209 — Mediation Notice And Conditions For Agricultural Property.
Section 559.21 — Contract Termination; Notice; Service; Costs; Conditions.
Section 559.211 — Restraining, Enjoining Proceedings To Terminate.
Section 559.213 — Prima Facie Evidence Of Termination.
Section 559.214 — Supplementary Affidavit.
Section 559.215 — Validating Terminations Of Contract Of Sale.
Section 559.216 — Application Of Curative Provisions.
Section 559.217 — Cancellation Of Residential Purchase Agreement.
Section 559.22 — In Recovery Action Defendant's Buyer May Be Liable.
Section 559.23 — Action To Determine Boundary Lines.