The San Francisco call., 1906-05-25

may be filed as the plalnllH Lldy SiSct.
Said complaint shall contain all the mat
ter specified IN section 426 Of the Code OF
Civil Procedure and also shall contain
description of said real property, shall
tate claimed by plaintiff and when and
from whom he derived his title thereto
Said complaint sail also set forth the
interests Of all persons In said real prop
erty, whether said persons be known or
unknown. specifically and particularly, as
far as known to the plaintiff and IL one
or more of the parties or the share or
quality Of interest of any OIL the parties
be unknown to the plaintiff or be uncer-
tain or contingent, or the owner or the
inheritance depend upon an executory de-
vice, or the remainder be contingent re-
named, that fact must be set forth there
in, All persons so far as known to plain
till who claim any interest In or lien
upon such real property shall be made
defendants. All persons shall be made
defendants who may be In possession of
sad real property or any part thereof
and all persons shall be made defendants
to whom said real property shall have
been conveyed and whose conveyance
shall have been recorded in the office OF
the Recorder of such county or city and
county since the time Of the destruction
such complaint All other persons shall
be deemed defendants by the designation
Also all other persons unknown claim
ing any right. tit4e, estate, lien or inter-
complaint adverse to plaintiffs ownership
or any cloud upon plaintiffs title thera-
to-. Such designation shall be added to
the caption OF said complaint and also
shall appear In the body OF said COM
plant and such unknown owners may be
made parties thereto by such designation
Within ten days after the filing OF the
complaint plaintiff shall file or cause to
cordor of the county or city and county
where said real property is situated a no.
tice of the pendency of the action, con-
sss Of the Code es Of Civil Proeeaure sssP Wth
in one month after the filing of the COM
pialnt summons must be issued which
shall contain the matters required by
section 4oi of the Code OK Civil Procedure
property and o statement of the OF ect
of the action. In said summons the said
unknown defendants shall be designated
as in the complaint.
GIVING NOTIFICATION.
Within ten days after the issuance OF
the summons the plaintiff shall post OF
cause TO be posted copy thereof In a
All defendants residing in the State OF
California whose place of residence Is
known to the plaintiff shall be served
personally within sixty days after the
issuance of said summons. After service
on all such defendants has, been made
the plaintiff or his agent or attorney shall
make and file an affidavit wherein there
shall be stated The names of the defend :
ants who have been served personally,
the names OF the defendants who reside
out OF the State. and their places OF resi-
dence. if known to the paintiH, and the
names OF the defendants residing in o,
put of the State whose place OF residence
IS unknown to the plaintiff. and the names
of the defendants who reside In the
state, but who cannot. after reasonable
diligence. be found within - State, the
efforts OF the plaintiff 10 find said de-
PENDANTS and the reason for his inability
20 do so being specifically stated in said
affidavit And thereupon the court. or
2 Judge thereof shall make an order di-
rectipg the summons to be served upon
the defendants residing out of the State,
whose, place of residence is. known to
the plaintiff, and upon the defendants
residing III or out of the State who's
place of residence is Unknown to the
IN the State who cannot be found therein
after such reasonable diligence on tht
part of the plaintiff. and upon ali the
unknown defendants as stated in his com
some newspaper of general circulation
printed and published in the county or
city and county where the property is
situated, and ii there be no such paper
county, to be designated By the court o,
Judge thereof. wn4ca publica ton shall bc
daliy for thirty consecutive days, Sundays
and legal holidays; excepted A copy O.
the summons and complaint. within iorty-
eight hours after the making OF said
order. properly addressed and with the
mailed to each OF the defendants who
reside out OF the State. If taeir place
OF residence is known, and to each Of the
detendants residing in the State whose
nut who cannot, after reasonable dill
gence. be found within the State. and
also to the defendants residing in or ou.
Of the State whose place of residence IS
Cnd. 70 ~,
at the county seat OF the county or city
ana county where the action is com
henced An such unknown persons SC
provided BY law in cases OF ali other de
.e1dants named. upon whom service lis
made by publication or personally and
the action Snail proceed against such un-
known persons in the same manner as
against the defendants who are named
upon whom service is made by pub
ieatlon .ii.a nfreot or np personally, and with
.,erson who has, or claims TO hive. any
right title. estate. lien or interest in the
$alo real property. or cloud on the title
thereto, adverse ID the plaintiff at the
who has been duly served as aforesaid
ana 2ny one claiming under him. shall
oe concluded by the judgment in such
action, as effectually as If the action was
brought against the said person by his
or her name, and personal service az
process was obtained. Notwithstanding
my sum nlKnoWn person may be under
egal disability. Service shall be dea,ne.l
ompiete upon the completion of the pub
ication. provided that If the interest q.
the plaintiff or defendant in said real
'Toperty be a lien thereon. by mortgage.
Judgment or otherwise. any party to said
lenon claiming said lien must state the
lrlglnal amount 7rd date of the same
ana the sum remaining due thereon: also
whether tae same has been secured in
any other way or not. and, if secured
the amount and extent of such security.
or they are deemed to have waived their
right to such lien.
COURTS JURISDICTION.
Sec. 2-AYhen the summons has been
served as provided herein and the ttme
Tor answering has expired the court
shall proceed to hear the case as II, othei
cases and shall have Jurisdiction to ex.
anime into and determine the legality OF
plaintins title or lien, and of the title
and claim or lien of each and all of the
defendants, and OF all unknown persons.
and TO that end must not enter any Judy
ment by default but must in all cases re-
quire evidence OF plaintiffs title, lien or
possession, and also of any title. lien or
possession OF the defendants or any Of
them, or OF such unknown persons. which
evidence. so far as known to the plaintiff.
snail be presented by him; and the court
snail also hear such evidence as may be
onered by defendants. or any of them. re-
specting the. claims or liens or title of
any of the defendants, and must there
after direct Judgment to be entered in ac-
cordance with the evidence and the law.