21-41-9. Service by publication on unknown defendants--Mail service not required--Effect of service by publication.
The court may grant an order for the service of the summons upon defendants who are unknown, whether heirs, devisees, legatees, personal representatives, or creditors or any other unknown person, by publication upon the filing of an affidavit by the plaintiff, his agent or attorney, stating that if there are any persons other than those named as defendants in the summons and complaint who have or claim to have any interest or estate in or claim to, or lien or encumbrance upon the premises adverse to plaintiff, such persons are unknown. No deposit of a copy of the summons and complaint in the post office for unknown defendants shall be required, and service shall be complete as to all unknown defendants at the expiration of the publication of the summons as ordered and shall be taken and accepted as personal service on all parties unknown who have or claim to have any such interest, estate, claim, lien, or encumbrance in, to, or upon the property described in the complaint.
Source: SL 1903, ch 194, §6; SL 1905, ch 81; RC 1919, §2852; SDC 1939 & Supp 1960, §37.1512; SL 1995, ch 167, §188.
Structure South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-4 - Joinder of parties plaintiff.
Section 21-41-5 - Joinder of known claimants as defendants.
Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.
Section 21-41-7 - Filing of complaint and summons--Form for summons.
Section 21-41-8 - Service of summons on named defendants.
Section 21-41-11 - Contents of complaint.
Section 21-41-13 - Disclaimer by defendant to avoid costs.
Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.
Section 21-41-17 - Enforcement against property of claim against deceased defendant.
Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.
Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.
Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.
Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.