# Ala. Code § 35-6-25: Section 35-6-25 Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-25

## Section

- **Citation:** Ala. Code § 35-6-25
- **Heading:** Section 35-6-25 Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 35 / Chapter 6 / Section 35-6-25

## Text

(a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition sale of land, or any interest therein and the plaintiff, after exercising reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint, and such defendant may then be made a party, by publication as in the case of unknown defendants, in his name followed by the words: ” ____ and his heirs or devisees, if deceased.” If the defendant so sued does not appear in person or by attorney before expiration of the time for filing pleadings in the case, the court shall appoint a guardian ad litem to represent his interest. A valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.

(b) This section is cumulative.

## Nearby sections

- [Ala. Code § 35-6-1 Section 35-6-1 Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-1.md)
- [Ala. Code § 35-6-2 Section 35-6-2 Recordation of Judgment](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-2.md)
- [Ala. Code § 35-6-20 Section 35-6-20 Jurisdiction of Circuit Court to Divide or Sell for Division](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-20.md)
- [Ala. Code § 35-6-21 Section 35-6-21 Interpleader](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-21.md)
- [Ala. Code § 35-6-22 Section 35-6-22 Duty of Court to Declare Rights of Parties](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-22.md)
- [Ala. Code § 35-6-23 Section 35-6-23 Determination of Questions of Title and Adjustment of Equities](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-23.md)
- [Ala. Code § 35-6-24 Section 35-6-24 Partition Without Commissioners; Owelty](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-24.md)
- [Ala. Code § 35-6-25 Section 35-6-25 Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-25.md)
- [Ala. Code § 35-6-40 Section 35-6-40 Property Subject to Partition; by Whom Application Made](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-40.md)
- [Ala. Code § 35-6-41 Section 35-6-41 Partition of Land Lying Partly in Different Counties](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-41.md)
- [Ala. Code § 35-6-42 Section 35-6-42 Contents of Application](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-42.md)
- [Ala. Code § 35-6-43 Section 35-6-43 Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-43.md)
- [Ala. Code § 35-6-44 Section 35-6-44 Proceedings Against Unknown Persons and Certain Other Parties Defendant](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-44.md)
- [Ala. Code § 35-6-45 Section 35-6-45 Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered](https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-45.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T35_C6_S35-6-25. Check the current official text before relying on it. Not legal advice.