87 Mo. 233 | Mo. | 1885
This is an action of ejectment to recover possession of lot number three, in block number thirty-two, in the town of Cameron, Clinton county. The petition is in the usual form and the answer a general denial. Defendant had judgment below and plaintiffs have brought the cause to this court on writ of error. On the twenty-third of July, 1879, the legal title to the lot was in the plain tiff, Sarah E. G-oldsworthy, and defendant claims title under a deed executed by the sheriff of said county, he having sold the same on the eighteenth of October, 1880, under an execution issued on a. judgment rendered in the circuit court of said county at its April term,. 1880, in a cause in which the state, oh the relation of the collector of said county, was plaintiff and these defendants, together with one William C„
The statute, section 3494, provides that in all actions-for the enforcement of liens against real estate, if the plaintiff “allege in his petition, or file an affidavit, stating that all ór a part of defendants are non-residents'of the state, etc., the court * * * shall make an order directed to the non-residents * * * notifying them of the commencement of the suit, and stating briefly the object and general nature of the petition, and in suits-in partition, describing the property sought to be partioned,” etc. The affidavit was in due form, and there is nothing in the section which requires the order of publication to contain a description of the land in any other than a suit for partition of lands. The order of publication is a substitute for the service of a writ of summons, and it is assumed by the law that it will give-the. defendant notice of the pendency of the suit against him, and if he desires to learn what is specifically alleged against him, he will go to the office in which it is-filed and examine the petition. The order of publication contained all that the statute requires. And by its-due publication, the court acquired jurisdiction, both.
The judgment is affirmed.