Guyer v. Raymond

This controversy comes before us upon .agreed facts, under sections 1279 to 1281 of the Code of Civil Procedure. In a partition suit, one of the record' owners, James Mahady, had been absent from the state and unheard of for eighteen years. It was not known whether he was living or dead, or whether he was married or unmarried, or whether he had children or not. It is conceded that service of the summons therein was duly made on him and on his wife, if any, his heirs,. grantees, devisees or assignees, as unknown defendants, by publication, pursuant to an order under and by virtue of section…