Arizona § 12-1212 Unknown owner; notice and service by publication; protection of rights in decree

Arizona Statutes

§ 12-1212 — Unknown owner; notice and service by publication; protection of rights in decree

Arizona·Title 12 Arizona Revised Statutes·Ch. 8 SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY·Art. 7 Partition

A.If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner, and shall command him to appear and answer as in ordinary cases.

B.The summons shall be served by publication in some newspaper in the county where the summons issues, if a newspaper is published in the county. If no newspaper is published in the county, publication shall be made in the nearest county in which a newspaper is published, for four successive weeks.

C.If no appearance is entered within the time set forth in the summons, the court shall proceed as in other cases

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A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner, and shall command him to appear and answer as in ordinary cases.

B. The summons shall be served by publication in some newspaper in the county where the summons issues, if a newspaper is published in the county. If no newspaper is published in the county, publication shall be made in the nearest county in which a newspaper is published, for four successive weeks.

C. If no appearance is entered within the time set forth in the summons, the court shall proceed as in other cases where service is made by publication.

D. The court shall in its decree protect the rights of the unknown owner.

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