Notice; Process; Service by Publication; Filing of Adverse Pleading; Appointment of Disinterested Representative

  1. Law
  2. Georgia Code
  3. Equity
  4. Equitable Remedies and Proceedings Generally
  5. Quia Timet
  6. Quia Timet Against All the World
  7. Notice; Process; Service by Publication; Filing of Adverse Pleading; Appointment of Disinterested Representative

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  1. Upon the filing of all evidence with him, the master shall:
    1. Determine who is entitled to notice, including, but not limited to, all adjacent landowners and all adverse claimants as to whose adverse claims petitioner has actual or constructive notice;
    2. Cause process to issue, directed to all persons who are entitled to notice and to all other persons whom it may concern.
  2. Process shall be served upon known persons whose residence is ascertainable by the sheriff or his deputy as provided by law. In all cases where service by publication is permitted under the laws and where the respondent or other party resides outside this state or whose residence is unknown and it is necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge or clerk of the court in which the action is pending, the judge or clerk may order service to be perfected by publication in the paper in which sheriffs' advertisements are printed, four times within the ensuing 30 days, publications to be weekly. The published notice shall contain the name of the petitioner and respondent with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 30 days of the date of the order for service by publication, and shall bear teste in the name of the judge and shall be signed by the clerk of the court. The date upon which the nonresident or party whose residence is unknown is called upon to appear shall be the appearance day of the case.
  3. Any adverse party shall be entitled to have at least 30 days after completion of service to file any pleading he desires in the matter before the court.
  4. If, upon the filing of the petition or of the evidence required by him, the master finds that there are persons under a disability, or minors, or persons not in being, unascertained, or unknown who may have an interest, he shall appoint a disinterested person, in the nature of a guardian ad litem, who shall be served with copies of the notice prescribed and who shall represent these interests.

(Ga. L. 1966, p. 443, § 5.)

RESEARCH REFERENCES

ALR.

- Right to secure new or successive notice of lis pendens in same or new action after loss or cancellation of original notice, 52 A.L.R.2d 1308.


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