70-29-111. Unknown and out-of-state parties -- how served. (1) If a party having a share or interest is unknown or any one of the known parties resides out of the state or cannot be found therein and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases.
(2) When publication is made, the summons, as published, must be accompanied by a general statement of the nature of the action and a brief description of the property which is the subject of the action.
History: En. Sec. 497, p. 141, Bannack Stat.; re-en. Sec. 269, p. 191, L. 1867; re-en. Sec. 318, p. 98, C. Stat. 1871; re-en. Sec. 369, p. 140, L. 1877; re-en. Sec. 369, 1st Div. Rev. Stat. 1879; re-en. Sec. 382, 1st Div. Comp. Stat. 1887; amd. Sec. 1348, C. Civ. Proc. 1895; re-en. Sec. 6891, Rev. C. 1907; re-en. Sec. 9524, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 757; re-en. Sec. 9524, R.C.M. 1935; R.C.M. 1947, 93-6309.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-101. Action for partition authorized -- who may bring
70-29-103. Complaint -- contents
70-29-104. Who must be parties -- permissible plaintiffs
70-29-105. Who may be joined as defendants
70-29-106. Unnecessary to join grantees or lienholders not of record
70-29-107. Lienholders of record as parties
70-29-108. Lienholders of record to be notified
70-29-109. Notice of action to be filed with clerk -- lis pendens
70-29-110. Summons -- to whom directed
70-29-111. Unknown and out-of-state parties -- how served
70-29-113. Death or incompetency of parties -- proceedings not delayed