Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.

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21-45-6. Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.

The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder of a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint.

Source: CCivP 1877, §549; CL 1887, §5363; RCCivP 1903, §588; RC 1919, §2799; Supreme Court Rule 578, 1939; SDC 1939 & Supp 1960, §37.1403.


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