In all actions brought under this article the court, or a judge thereof, shall refer the action to a master or special referee to take the testimony as to the plaintiff's claim or title and as to all the facts and circumstances unless the testimony shall be taken in open court and carefully inquire as to the existence of claim by and residence of all nonresidents. If it shall appear to the court or judge that there probably exists a bona fide claim or lien on the part of any such nonresident or minor, whose name and whereabouts can be ascertained, no decree adjudicating the rights of such minor or affecting or quieting the title as against him or her shall be rendered unless personal service upon him or her outside of the State after order for publication shall first be made and proved as provided in SECTION 15-67-30.
S.C. Code Ann. § 15-67-60
Reference to master; determining claims of nonresidents or minors
Applied in 4 court decisions — leading case Ford v. Watson (1984)
Most recently applied in Major v. PENN COMMUNITY SERVICES, INC. (October 2011)
1962 Code SECTION 10-2406; 1952 Code SECTION 10-2406; 1942 Code SECTION 880; 1932 Code SECTION 880; Civ
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Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.