In any action brought to determine adverse claims to real property within this State 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, interest, estate or lien in or on the real property in controversy, the following: "Also all other persons unknown, claiming any right, title, estate, interest in or lien upon 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, his agent or attorney, stating the existence of a cause of action to try adverse claims within this State. The plaintiff shall before commencement of such publication file with the clerk of the court a notice of the pendency of the action, a copy of which shall be published in the same newspaper with and immediately following the summons.
HISTORY: 1962 Code Section 10-2404; 1952 Code Section 10-2404; 1942 Code Section 880; 1932 Code Section 880; Civ. P. '22 Section 828; 1916 (29) 929.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 67 - Recovery Of Real Property
Section 15-67-10. Persons who may bring action to determine adverse claim.
Section 15-67-20. Plaintiff limited to one action for recovery of real property.
Section 15-67-40. Service on unknown parties; notice of lis pendens.
Section 15-67-50. Appearance of unknown parties; subsequent defense by minors.
Section 15-67-60. Reference to master; determining claims of nonresidents or minors.
Section 15-67-70. Effect of judgment; persons bound.
Section 15-67-90. Time limitation upon reopening matter.
Section 15-67-100. Right to jury trial unchanged.
Section 15-67-210. Presumption of possession; when occupation deemed under legal title.
Section 15-67-220. Effect of occupation under written instrument or court decree or judgment.
Section 15-67-260. Relation of landlord and tenant as affecting adverse possession.
Section 15-67-410. Action may be had against person wrongfully disseizing.
Section 15-67-420. Plaintiff's right to treble damages.
Section 15-67-430. Court of common pleas shall have jurisdiction.
Section 15-67-440. Restitution of possession to tenants for years.
Section 15-67-450. Persons who have held by force three years are unaffected by this article.
Section 15-67-460. Putting party ousted in possession.
Section 15-67-610. Duty of magistrate in case of trespass.
Section 15-67-620. When warrant shall not be issued.
Section 15-67-630. Fee of magistrate and sheriff or constable.
Section 15-67-640. Right to appeal; injunction; time of issuing warrant.
Section 15-67-720. If such person is not produced, he is taken to be dead.
Section 15-67-730. Proceedings on affidavit that such person is beyond limits of State.
Section 15-67-740. Rights preserved when it afterwards appears that person sought is living.
Section 15-67-750. Guardian, husband or trustee may prove that such person was alive.