Gulf Coast breeze. [volume] (Crawfordville, Fla.) 1897-19??, 1905-09-08

Az ACT to provide for service by pubica
ton upon unknown parties In Interest in
property evolved In certain Chancery
suits and for DEGREES and other Proceed
ings After Such Service.
BE II Enacted by the Legislature OF the
state ~ Florida
section /. II any complaint In a suit in
chancery FOR the partition ~, or for the
quieting ~ utlc TO- or clearing cloud
from or Tor the enforcement Of a mortgage,
or lien against. Or for specific performance
Of "A contract To convey or exchange real
estate or for the administration OF a dece-
dent, shall state In sworn bill that he be-
licycs that there are persons interested In
the property involved In such suit other
than the known defendants whose names
ar" unknown to him ana shall pray for
relief against them. he shall be entitled to
process by publication TO bring In such per-
sons as parties defendant 20 such suit II
the said unknown persons shall be known to
or believed 10y the complainant to be heirs.
drVisecs. grantees, or other claimants un-
der a person deceased whose name Is known
to the complainant. the complainant shall
state the name of such person In the bin
Sec. >. 1t shall be the duty Of the Clerk
II the Court OF the county In which such
bill may be filed, To make upon demand Of
the complainant. an order requiring such
persons TO appear To the bill on a rule day
not less than twelve weeks from the making
" the order and To publish such order once
week for twelve weeks, In u newspaper In
said county. Such order shall designate the
unknown defendants a. "all parties claim
INK an Interest In the property to which
relief IL sought, which property shall be
shortly but fully described In the order II
the name 81 any deceased known person
shall be stated In the bill, the order of pub
licntion shall describe the unknown defend.
ants as "all parties claiming interests under
Uhc deceased person. or otherwise In tho
property which shall ~ described rs afore-
said.
Sec. 2. DEGREES pro confcsso can be on.
tered as I'm other cases of service by publica-
ton Final DEGREES entered upon DEGREES
pro Cpnfcsso when there has been no APP
pcaranCe by such unknown parties In in
trrcst shall be- conclusive on such parties
and persons deriving through them from the
date ~ rendition, unless "A rchearing shall
be applied for within one year thereafter
But IL the complainant shall within six
months Of such decree, serve copy OF
such decree on any person interested who
shall become known to him, by producing
sworn proof Of the delivery Of such decree
To- such person or persons, a rcharing shall
not be had unless applied for within six
months from the date 81 such service. De-
creos Tor the sale u property In the ad-
minlstration Of estates OF dcccdcnts. shall
not be reheard,
Sec t. II any defendant, against whom
a decree has been rendered on publication
only as provided In this act shall at any
time before the expiration Of the time al
lowed for re-. hearing, appear and petition
the court FOR a rchcarlng thereof nud give
bond In AN amount and with conditions to
bv fixed by the Judge with surcties 10 be
approved b. the clerk. he shall be permit
ted 10 defend the bin as u he had been
personally served with process. And the
court may stay all proceedings upon the
original decree, pending such defense, and
if the decree has been executed, may, at
the final hearing, decree restitution.
But the title to property sold under the
original decree and purchased By bona
hdo purchaser for value. shall not be affect
ed by any such rohearing The defendant
applying for such rehcarug shall give rca-
spuablo notice In writing to the complainant
of such application.
Approved May 80, 1906,