If not known, the persons named in § 21-41-5 may be made defendants by designating them in the summons and complaint as, all persons unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the complaint. In case unknown parties are so made defendants, the complaint shall state and the proof show that if there are any persons whomsoever who have any interest or estate in, claim to, or lien or encumbrance upon the premises other than the defendants named, they were unknown at the time of the commencement of the action.
S.D. Codified Laws § 21-41-6
Joinder of unknown claimants as defendants--Proof of want of knowledge
Applied in 1 court decision — leading case In Re the Master Contract Between the Oahe Conservancy Subdistrict & United States (1971)
Most recently applied in In Re the Master Contract Between the Oahe Conservancy Subdistrict & United States (March 1971)
Source: SL 1903, ch 194, § 2; SL 1905, ch 81; RC 1919, § 2847; SDC 1939 & Supp 1960, § 37.1505.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.