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Rule 758. Where Defendant Is Unknown


If the plaintiff, his agent or attorney, at the commencement of any suit, or during the progress thereof, for the partition of land, shall make affidavit that an undivided portion of the land described in the plaintiff's petition in said suit is owned by some person unknown to affiant, the clerk of the court shall issue citation for publication, conforming to the requirements of Rules 114 and 115 and served in accordance with the directions of Rule 116.

Source: Art. 6085.

Change: Elimination of specific declaration of requisites of citation by publication and service thereof and adoption (by reference) of the general rules.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 20, 1954, eff. Jan. 1, 1955

Dec. 19, 1984, eff. April 1, 1985