§ 43-2-447 — Notice to Unknown Parties; Appointment of Special Guardian; Disposition of Shares

Alabama § 43-2-447

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 17: Renting and Sale of Real Estate
• Div. 1: For Payment of Debts and for Division

Text

If it shall be averred in an application for the sale of lands for the payment of debts or for division, that the names of any of the heirs or devisees are unknown, that the petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed against them without naming them; but the court must make publication as in case of nonresidents, describing such unknown parties as near as may be by the character in which they are made parties and with reference to their interest in the lands sought to be sold, and must appoint a suitable and competent person not of kin or counsel to the petitioner, as special guardian to represent such unknown parties. The shares or interests of such unknown parties, in the proceeds of lands sold for division, shall be paid into court and there retained and paid out to the proper parties when ascertained.

Legislative History

(Code 1896, §162; Code 1907, §2626; Code 1923, §5855; Code 1940, T. 61, §250.)