More Categories

Section 25-3-505 – Effect of service by publication upon unknown persons

May 13, 2021 | Civil Procedure, Montana

Judgments and decrees rendered in actions or proceedings when persons have been so made parties and served by publication of summons shall have the effect prescribed in Rule 4(o)(2), M.R.Civ.P. If such persons are made parties by the designation of:

(1) unknown heirs, the judgment or decree shall be conclusive as to all heirs of such deceased party;
(2) unknown devisees, the judgment or decree in such proceedings shall be conclusive as against all devisees of such deceased person;
(3) unknown owners, the judgment or decree rendered in such action or proceeding shall be conclusive as against the world, including persons with contingent interests in the controversy and persons not in being who may have an interest or contingent interest therein.

ยง 25-3-505, MCA

En. Sec. 2, Ch. 105, L. 1941; R.C.M. 1947, 93-2820; amd. Sec. 87, Ch. 575, L. 1981.