32-17-07. Service on unknown defendants - How made - Affidavit for publication

32-17-07. Service on unknown defendants - How made - Affidavit for publication

Service of the summons in an action may be had upon all unknown persons defendant by

publication in the manner provided by law for service by publication upon defendants whose

residence is unknown, but as to such unknown persons defendant the affidavit for publication

shall be required to state in substance the following facts: That the interests of such unknown

persons defendant in the land described in the complaint are not shown of record in the office of

the recorder, the clerk of the district court, or the county auditor of the county in which such land

lies, and the affiant does not know and is unable to ascertain the names, residences, or

post-office addresses of any of the persons who are proceeded against as unknown persons

defendant. The affidavit or complaint shall show further that the relief sought in the action

consists wholly or partly in excluding the defendants from any interest in or lien upon specific

real property in this state, and where jurisdiction is sought to be obtained against unknown

persons under the provisions of this section, the summons shall state where the complaint is or

will be filed, and there shall be subjoined to the summons as published a notice signed by the

plaintiff's attorney containing a description of the land to which such action relates. Unknown

corporations and limited liability companies claiming interests are included within the word

"persons" as used in this chapter.