70-28-208. Publication and posting of summons. (1) The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of 5 weeks and to each publication thereof shall be appended a memorandum, signed by the plaintiff's attorney, in substance as follows "The following persons are said to claim an interest in or lien upon said property, adverse to plaintiff." (Give names and addresses as above provided.)
(2) A copy of the summons together with a copy of the foregoing memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within 10 days after the first publication of the summons.
History: En. Sec. 5, Ch. 15, L. 1915; re-en. Sec. 9505, R.C.M. 1921; re-en. Sec. 9505, R.C.M. 1935; R.C.M. 1947, 93-6229.
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title
70-28-202. General procedural provisions applicable
70-28-203. Remedies cumulative
70-28-204. Executor, administrator, or guardian as party
70-28-206. Affidavit to accompany complaint
70-28-207. Summons -- issuance and form
70-28-208. Publication and posting of summons
70-28-209. Personal service of summons -- service by mail
70-28-210. Jurisdiction acquired by service -- complete
70-28-212. Time for appearance by defendant -- answer
70-28-213. Recording of notice by plaintiff and defendant
70-28-214. Default judgment prohibited -- proof and inquiry required
70-28-215. Judgment -- nature and effect -- recording
70-28-216. Subsequent action -- notice to original parties required