Smith v. R. B. I. Building Corp.

After as careful an examination of the claims of the respective parties to this action as may be, I come to the conclusion that the facts upon which the order of publication in the partition action was granted were sufficient, and that the court obtained and had jurisdiction of the heirs at law of the deceased party.

The serious question in the case is whether or not enough facts appeared to establish that plaintiff had made that diligent inquiry to ascertain the identity of the unknown heirs at law of the decedent which is required by subdivision 1 of section 232 of the Civil Practice Act.

The…